La hipoteca como título de ejecución. Análisis de la Ley reformatoria al Código Orgánico General de Procesos del 2019.

Abstract

After the amendment of Article 363 of the General Organic Code of Processes, the mortgage as an enforceable title can now be executed as a title of execution. This procedural reform affects all mortgage debtors, who may be executed in a procedure over which they may not propose prior or substantive exceptions, but only oppose it by demonstrating that the obligation is extinguished by payment, transaction, remission, novation, confusion, compensation or loss of the thing due, leaving aside nullity, falsehood, prescription or compliance with the resolutory condition, as well as not having the possibility of alleging the non-execution of the obligation. This paper will analyze how the reform violates the constitutional rights to due process of mortgage debtors.