Limitaciones que perjudican a los terceros coadyuvantes en la legislación procesal ecuatoriana.

Abstract

Legal processes can suffer modifications throughout their procedure, leading to changes in the originally established procedural parties. This occurs through forced or voluntary interventions, such as the third-party assistance. This type of intervention is based on an indirect and legit interest in the outcome of the process. Since the third party has a substantial legal relationship with one of the parties, which is unrelated to the matter being disputed in the process, the defeat of this party could adversely affect them. Therefore, this interest must be legally protected because the third party has the right to ensure that an effective action is carried out by either the plaintiff or the defendant. However, the “Código Orgánico General de Procesos” (COGEP) establishes a narrow period for the appearance of such intervenors, excluding them from intervening at essential procedural moments to achieve their objective. Hence, this research aims, through comparative legislation and doctrine, to establish the legal limitations, the scope of these third parties' powers, and the analysis of all related issues that the legislator has erroneously omitted to regulate.