THE INCIDENCE OF LEGAL CERTAINTY AND COLLECTION ANALYSIS BY MEANS OF THIRD PARTY INTERVENTION IN ECUADORIAN LEGISLATION

Abstract:

Ecuadorian legislation recognizes two types of third parties, the exclusion of ownership, which requires the recognition of the ownership of a right over a thing that is the subject matter of the litigation and coadjutant, which includes a person who maintains a substantial legal relationship with one of the parties to the proceedings and that the judgment may cause prejudi-ce to the latter if it loses such procedural part. The provisions of the General Organic Code of Proceedings are incompletely regulated, the absence of certain rules that establish the guidelines makes the proper administration of justice complicated with respect to its application, which causes legal insecurity to the parties, violating the rights or procedural principles and the rights of legal certainty, so knowing the right to such security lies in enforcing compliance and respect for the Constitution. Therefore, it is necessary to carry out research work that elucidates the content of the legal regulations in force within the legal system. The present work is linked to the alternatives that must be implemented once possible violations of rights and procedural principles of the third parties and of legal security are determined by means of the AHP methods of Saaty and Topsis.

Año de publicación:

2022

Keywords:

• legal certainty
• AHP of Saaty and Topsis
• intervener

Fuente:

scopus