Impugnación del acta de finiquito.

Abstract

The objective of the following research study tends to unificate the decisions of the judges in the application and interpretation of the substantive rule contained in the article 595 of the Labor Code of Ecuador, that makes allusion to the impugnation of the settlement act. For which I´m going to analyze the relevant legislation that results applicable to the concrete case examined in the present investigation, also the precedents dictated by the national authorities that establishes the settlement act has to be expressly impugned in the lawsuit, being that procedure act the timely moment to make the refered impugnation. Based on this, with the analyzed work I am going to determine the legal principles that make viable the application and interpretation of the disputed article, which it´s going to allow me to clarify the legal consecuences origined by the lack of impugnation of the settlement act in the lawsuit. In the same way, I will determine the legal premises that every claim must comply in a lawsuit in order to complement the argument that the settlement act has to be impugned in the lawsuit as a precise premise claim tend to alterate the content and invalidate the settlement act. In subsidy, I will propose a legal reform of the article 595 of the Labor Code pointing the suitable reasons whereby the settlement act might be objected.