La institución jurídica del abandono en el sistema procesal ecuatoriano vigente.

Abstract

Within this work, the legal institution of abandonment is analyzed from its historical background, within the procedural system and COGEP, since this rule has been conceived with the clear objectives of simplifying procedures, strengthening the principle of preclusion and expiration. Likewise, the effects, origin, calculation of the terms and the inadmissibility of the abandonment are analyzed in a general way and through analysis of real judicial processes, as well as the correct initiation, development and extinction of the process by the judges of the jurisdictional function. The present work has as a general objective to establish doctrinal, legal and interpretative guidelines that improve the legal institution of abandonment since it is related to some of the principles of the branch of procedural law, by virtue of the direct stimulus that it generates in the procedural parts, in particular of the plaintiff, for the threat of annihilation of the process. Within the methodology used in this work, the qualitative approach has been used to measure the perception of users of the judicial system and experts in procedural law through surveys and interviews, as well as in the analysis of failures in which the judges have declared abandonment; these analyzes have allowed us to conclude with the recommendation of reform proposals within articles 87 and 248 of the General Organic Code of Processes.