La figura del abandono en el Código Orgánico General de Procesos.

Abstract

The objective of the present investigation work is to analyze the figure of abandonment in the General Organic Procedure Code, focused, principally, in the executive trials and their legal effects. The General Organic Procedure Code brought about a series of changes in our procedural legislation. In the Code of Civil Procedure, the declaration of abandonment does not prevent a return to be filed for the same cause; however, with the new code, the main effect of the declaration of abandonment is that the plaintiff goes, again, to the jurisdictional organs to sue for the same cause. On the other hand, when it was filed in an appeal or instance, when the Code of Civil Procedure was in force, these were understood as not presented; while, according to the General Organic Procedure Code, it is understood as abandoned, even if it is in cassation. Finally, I will try to answer a big question: does the declaration of abandonment violates constitucional rights?.