Regresar

Presupuestos materiales del proceso no previstos como excepciones previas en el Código Orgánico General de Procesos y su necesario control por esta vía para favorecer el principio de economía procesal.

Abstract:

Procedural economy is a guiding principle of the Ecuadorian procedural system. There are certain institutions included in the General Organic Code of Processes that tend to accomplish it. Among this institutions are the previous exceptions insofar as they allow early termination of processes that does not have the minimum conditions to finish through a sentence that resolves the merits of the controversy. These minimum conditions named before are known in the doctrine as procedural and material requirements of the process. The purpose of this article is perform a conceptual review of the procedural and material requirements, their link with the exceptions in general and with the previous exceptions in particular, as well as to identify certain material requirements that are not controllable in our system through previous exceptions. The article will expose the problem that is currently in the impossibility of early control of these material requirements of the process, and the hypothesis of how to expressly contemplate them as previous exceptions would be appropriate and convenient to procedural economy.