Análisis del tratamiento de ejecutividad a los documentos admitidos en el procedimiento monitorio.

Abstract

A singularity of the payment procedure, referred from article 356 until 361 of the Código Orgánico General de Procesos (Henceforward, COGEP) extended on May 22 2015, through suplemento 506 Registro Oficial, is that solely are admitted documents that are not debts contained in an enforceable document. Legislators were clear at the time they embrace this type of procedure in our country: since enforceable documents already have a procedure to follow, such as the enforcement procedure, properly regulated from article 347 until 355 ibid. The opening of the payment procedure requires that the debt be reflected in one of the five documents that are strictly marked under article 356 of the COGEP, in addition to comply the requirements pointed above, this debt must be determined in money, be fixed amount, enforceable, overdue, and the amount shall not be more than fifty unified basic monthly salary (as of 2021, this value is USD. 20,000). In summary, the following dissertation focuses to examine why documents allowed in the payment procedure, despite not being enforceable documents, they are treated as such. This, because it does not have the same quality or effects as this one. (an example of these could be electronic invoices or a certification issued by a manager).