Régimen de la apelación adhesiva en el Ecuador : naturaleza, tratamiento e implementación.

Abstract

The Ecuadorian legal system admits the institution of adhesion to the appeal, however, the various theses that the Doctrine has used to explain its nature, effects and application have not been completely uniform, being clearly demarcated two opposing positions, (i) the one that holds that the autonomous nature of this procedural tool by virtue of which it should be understood that its legal vitality does not depend on the original appeal, and (ii) on the other hand there is that branch of the Doctrine that holds that this mechanism is dependent, therefore its procedural life would be conditioned by the validity of the main appeal. In Ecuador it is very difficult to declare at a glance what current is what our procedural system is protecting, since a series of possible contradictions would be noticed. In view of the above, this essay aims to identify the doctrinal trend or more precisely, the procedural nature that our legislation, specifically the COGEP, gives to the institution, in order to recommend the relevance or not to maintain this judicial mechanism within our system.