La prescripción de la causa procesal civil, y la aplicación en el procedimiento monitorio.

Abstract

The general objective of this research was to carry out an analysis of the monitoring procedure, the prescription of procedural causes and the non-judicial limitation in the General Organic Code of Procedures to file the legal appeal monitoring, as specific objectives an analysis of the monitoring procedure was developed, requirements and procedure in the General Organic Code of Processes, the most important characteristics, its legal nature and application requirements were studied. As a study background, Morantes (2017) was cited in his research "The monitoring procedure in the Ecuadorian civil procedural system" and Parra (2016) in his research entitled "The monitoring procedure in the new General Organic Code of Processes" who made reference to the characteristics and procedural conditions of this procedure. In relation to the methodology in the present study, a field investigation was carried out with a qualitative and quantitative approach, descriptive, analytical, synthetic and deductive methods were used. As a result of this investigation, it was determined the need to modify the order for payment procedure in order to include a number that refers to the prescription of this procedure. Finally, it was concluded that this procedure represents an innovation in the Ecuadorian civil process as it goes hand in hand with the principles of economy and procedural speed.