La procuración judicial, y la problemática de la clausula para transigir.

Abstract

Currently, in Ecuadorian procedural law and primarily with the promulgation of the General organic Code of processes, the new aspect of judicial processes, with its main novelty is that these processes are carried out orally by the Professionals of the law. The main topic of analysis focuses on judicial solicitation, since its use goes from a natural or legal person is usually represented by a practitioner of the law within a trial, but mainly within such solicitation must consist of the clause to compromise, mainly to appear in the judicial process on behalf of another person is natural or legal. The discordance goes in that there are cases, that the so-called COGEP it indicates that this clause should always be within the judicial procuring, but my approach is intended to expose that there are cases where it should not be necessary to include it within this public instrument, such as the situation when litigating the state , when the appeal is based on the respective hearing, in cases of tax or administrative matters before the district courts of the provincial courts or if it is the case in requesting a preparatory diligence only, since in practice there is a misinterpretation of the administrators of justice, what brings with it an analysis in order to identify in which cases it is necessary its specification in the public document (judicial power of attorney) in order to compromise, as a result of the decisionsestablished by those judges, it could cause them not to return a lawsuitor be condemned in costs depending on the situation of the procedural subjects.