La figura del embargo de cuota, derechos y acciones; análisis del art. 380 del Código Orgánico General de Procesos y su aplicación en la práctica judicial.

Abstract

The main objective of this investigative work is to propose a reform to article 380 of the General Organic Code of Procedures for the effective procedure of the seizure of quota, rights and actions, by virtue of the seizure of quota, rights and actions established in article 380 of the General Organic Code of Processes does not have clear parameters that guarantee an effective embargo, so the request for it is useless. This applied research will be developed with a mixed paradigm, guided under qualitative and quantitative approaches in a non-experimental research design, expanded with descriptive research to be able to clearly describe the scope and characteristics of the embargo that allowed the study and measurement of variables. With the use of synthetic, analytical, legal doctrinal, inductive, deductive and exegetical methods. In order to obtain the sample, the population size of 17,258 lawyers who are registered in the Guayas Lawyers Forum was considered. The sample obtained from 68 lawyers consulted with a survey and interviews carried out with 4 first instance judges. Regarding this process, it was concluded that there are faults and errors presented by article 380 of the General Organic Code of Processes in the granting of embargoes of quotas, rights and actions. Ecuadorian legislation does not establish a valid and effective legal mechanism to be able to guarantee the effectiveness that this type of seizure must maintain, the ultimate goal of which would be the auction of the seized asset, for the fruits, the debtor's credit can be satisfied.