El proceso monitorio y su desafío en la praxis judicial.

Abstract

The formation and establishment of new judicial processes that in a certain way shorten the ways to achieve the recognition of a violated right must be based and / or agree with the principles, norms and rules established by the laws or Constitution of a country. Since the entry into force of the general organic code of processes (COGEP) have been warned new judicial processes, which include the Monitorial Process located within "Executive Procedures" of Title II, book IV (processes) chapter II of said legal body, which proceeds for the collection of debts that do not exceed the fifty (50) unified basic salaries, and that even allows to present the demand without the sponsorship of a legal professional when the debt does not exceed three (3) unified basic salaries. Being this new process for our legislation since it has never been exercised within our legislation, much less noticed in any legal body of our country, there is a doubt about its correct application, whether as to its origin, valid and invalid documents to attach to the demand, when the document is proof within the process, prescription of the action, etc. In this work, it will cover all those doubts about the payment process that in practice occur in our legal system, in addition to its concept, legal nature, background and structure.