Análisis de la prescripción de la acción monitoria en el Código Orgánico General de Procesos y su incidencia en el derecho en la seguridad jurídica

Abstract

Abstract: This research analysis focuses on the issue of prescription in the monitoring procedure regulated by Ecuador's Organic General Code of Procedures. Although this procedure was designed as an agile mechanism to guarantee the collection of obligations, it lacks express regulation regarding limitation periods, which generates legal uncertainty as judges often apply divergent criteria. Interviews conducted with judges from the province of Manabí revealed that the vast majority considered the current regulation insufficient, resorting instead to the supplementary application of the Civil Code. The results confirmed the dispersion of criteria concerning both the starting point for calculating the limitation period and the acts that interrupt prescription. It is concluded that this legislative gap affects effective judicial protection and undermines the principle of legal certainty. This research highlights the need for a normative reform and/or unified jurisprudence, complemented by training for judges and lawyers, in order to ensure a clearer, safer, and more efficient monitoring procedure.