Diligencias preparatorias con el Código Orgánico General de Procesos.

Abstract

The COGEP was a proposal for the unity of the Ecuadorian procedural system, which up to the date of its enactment, 2015, was enforceable from scattered norms, in this context, the Preparatory Measures are circumstantial due to the customary need in the litigation, typified in the Art. 120 of this norm, of preserving the purpose of the evidentiary instrument or legitimizing the parties, in this area, the "Declaration of emergent form" proposed by the COGEP supplements the Judicial Confession, the latter considered as an opportunity to prove overwhelming; these changes resulted in a part of the doctrine doubting the efficiency of the COGEP, due to the discretion it grants to the judge, which is evidenced in Article 122: "... In addition to others of the same nature ...", by not doing typical Procedural customary actions, such as the Judicial Confession, could be requested in the nature of the "Declaration Emergent" the Declaration of Party, to produce the declaration against the declarant, synonymous with Judicial Confession operatively, and remains, even more, the doubt whether a procedural part could request the Judicial Confession as an activity of a homogeneous nature to the emerging declarations; a comparative research is developed, between the proposals of the COGEP and the CPC regarding the Preparatory Measures, making use of a theoretical method, synthetic analysis and a qualitative assessment, envisioning that the Declaration would be of the same nature as the Judicial Confession, as conditions Art. 122 of the COGEP for its application, but that in parallel conceives the discretion in the judge to reject said action since it is not expressed, thus, the amendment of the COGEP is proposed and to convert the Judicial Confession into one of the typical possibilities in the Preliminary Proceedings in said article.