Planteamientos procesales sobre la nulidad del mandamiento de pago dictado en procedimiento monitorio.

Abstract

The issuance of the de Ecuadorian Procedural Code for non-criminal matters or “COGEP” for its acronym in Spanish, brought with it a new paradigm in the procedural system governed until then by the repealed Code of Civil Procedure. A new conception, not only for the matters includes in the COGEP, that our previous procedural law did not regulate, but also, for the opportunity to structure a law that concentrates each and every one of the procedures in non-criminal matters, thus avoiding an excessive referral to other laws that only dispersed the normative regulation of the process. This paper analyzes one of the main innovations of the COGEP to the Ecuadorian civil procedural regime: the payment order procedure, its specific advantages in relation to other civil and commercial proceedings, as well as its deficiencies, particularly the issuance of the initial payment order, its enforceability in the event of the defendant's non-appearance and the defense mechanisms of the defendant in the event of an erroneous summons with the claim. Finally, the gaps presented by the COGEP in the specific case described in this paper are presented, as well as the proposal of possible solutions in order to solve the problems that may arise from this scenario.