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PREPARATORY PROCEEDINGS AND PREVENTIVE MEASURES ACCORDING TO THE GENERAL ORGANIC CODE OF PROCESSES

Abstract:

This article analyzed two important institutions of Civil Law, the Preparatory Proceedings and the Preventive Provisions, their use, function and praxis, considering that the Ecuadorian administration of justice moves from the Written Procedural System to the Oral Procedural System. Chronologically, the analysis starts from the promulgation of the General Organic Code of Processes (COGEP), a general rule for the national territory, in force since May 23, 2016. The period studied corresponds to the year 2017 and the first semester of 2018. An investigative work with an empirical design that includes qualitative, descriptive and explanatory methods. It focused on the administration of justice in the Quinindé canton, inquiring about the conceptualization, disquisition, application strategies and the praxis of these legal procedures; the role of the state attorney or in the private practice of law and that of judicial servants, preferably Civil Judges. The data that supported the investigation was obtained based on interviews with Multicompetent Judges, public and private lawyers from Quinindé and information provided by the Council of the Judiciary and data collection. The investigation made it possible to identify how the justice services are organized in the Quinindé Canton and what their real needs.