Tercería excluyente de dominio dentro del juicio ejecutivo, su efecto en la ejecución.

Abstract

The general objective of this research was to analyze the executive processes and the thirdparty process in the Ecuadorian legal system. As specific objectives, the doctrinal elements of the third-party process were analyzed, an analysis was made about the legal nature of the executive trials and it was carried out A proposal for the exclusive third party domain to be processed by the summary procedure established in COGEP (2015). In relation to the methodology, a field study was carried out, from which the respective analyzes of the opinions of legal professionals, such as judges, prosecutors and lawyers, were obtained. Regarding the third party, it was concluded that third parties are those procedural subjects who, without being initially a plaintiff or defendant, are called to the civil process, because they have an interest in the merits of the cause or are necessary for the purposes that the cause is solve in the best way. They can also request to enter the process, showing the conditions for which they must be accommodated in it. It was recommended to the National Assembly to make a modification of ordinal 1 of article 394 to the effects that the third party excluding domain, which is currently considered substance through ordinary trial, can be substantiated by the summary procedure and in this way to have a procedure that comply with the principle of procedural speed and that it does not cause economic damage to both the actor and the administration of justice.