Análisis sobre los vacíos legales en el código orgánico general de procesos en los procesos concursales necesarios

Abstract

Abstract: The necessary bankruptcy processes constitute a fundamental legal mechanism in the Ecuadorian judicial system, and are specifically regulated by the COGEP. These procedures, designed to manage insolvency and bankruptcy situations, represent a crucial mechanism to save both the interests of creditors and the economic stability of the debtor. However, the current regulations and their practical implementation have revealed various inconsistencies and legal loopholes, which have caused creditors to lose confidence in the bankruptcy system as an effective mechanism for the recovery of their credits. The general objective was framed in determining the existing legal gaps in the General Organic Process Code regarding necessary bankruptcy processes, in order to propose regulatory reforms that guarantee legal security and procedural efficiency in the Ecuadorian bankruptcy system. The applied methodology had a qualitative and quantitative approach, through a descriptive scope, with normativist, exegetical and comparative methods. As a result, there are legal gaps and inconsistencies that generate controversy to achieve the effectiveness of the necessary bankruptcy procedure in Ecuador, and reforms must be made to the COGEP.