El embargo de acciones, su práctica y falta de regulación normativa en Ecuador.

Abstract

The enforcement phase of judicial proceedings in Ecuador includes, among other things, ordering the forced compliance of a currently enforceable obligation. A coercive measure, such as an attachment, is one of the tools that the legislator has included in the legal system to force the executed or obligated party to comply, even coercively, with the payment of an obligation. In this sense, we made a brief analysis of the legal nature of an attachment, its types and, subsequently, we made a brief review of the assets that can be attached, focusing especially on the attachment of shares. In order to study the attachment of shares, it is pertinent to review the legal nature of the shares and their susceptibility to be subject to attachment. Thus, we reach a point where basic theoretical issues of attachment converge - such as, for example, the seizure of the thing when what is seized is a movable good - and the corporeal - movable nature of the title of share, which will be analyzed in detail in the following. Therefore, the present research is oriented to the lack of normative regulation regarding the way in which an attachment of shares should be carried out: Should the action be attached with the seizure of the title? Is the attachment of an action valid without the seizure of the title? These are questions that the legislator has not regulate and that cause uncertainty about how the practice of an attachment of shares should de practiced.