La ejecución de sentencias civiles bajo el COGEP y su contraste con la norma procesal colombiana: análisis de derecho comparado e iniciativa de armonización

Abstract

Abstract: The enforcement of a final judgment is the mechanism by which a creditor who has obtained a favorable court ruling can coercively pursue the fulfillment of the obligation imposed on the judgment debtor, when the latter has refused to comply voluntarily. Enforcement is an integral part of the right to effective judicial protection, as it allows for the practical realization of the protection of litigants' rights. This study conducts a comparative analysis of the legal frameworks in Ecuador and Colombia regarding enforcement, identifying similarities in procedural development and the measures ordered during proceedings, as well as significant differences regarding the effectiveness of the coercive mechanisms employed by judges. Legal gaps were identified in Ecuadorian regulations that require harmonization and reform to facilitate the achievement of enforcement objectives and guarantee effective judicial protection for judgment creditors. This research is a documentary legal study based on comparative law; it relies on doctrinal and legal analysis to reach specific conclusions and recommendations regarding the issue under investigation.