La dualidad de las providencias preventivas aplicables tanto al procedimiento ejecutivo como al proceso monitorio.

Abstract

Nowadays, within the framework of civil procedural law, several options (and gaps) are proposed to solve this phenomenon. This trend is understood as a new perspective of the General Organic Code Of Procedures (COGEP in Spanish), the same theory by the systematic structuring of the procedural theory ceases to be subject only to the law, necessarily giving in to the jurisprudence, to compared legislations or the doctrine to explain its nature, structure and history, aiming to have a greater focus, to deepen in the essence and content of some procedural figures of recent incorporation in our procedural system and, above all, those that cause us more doubts than certainties. Since the COGEP is a norm that completely modified the Ecuadorian civil procedural system, this thesis analyzes both the executive procedure as well as the payment procedure and the procedural figure of the preventive orders regulated in said legal body. For this purpose, we go back to the historical background; the classes or types of procedures that exist with their respective characteristics are reviewed. Next, the gaps the COGEP is presenting are stated; the treatment of the payment procedure is studied according to the doctrine to finally review the applicability process of preventive measures in the payment procedure under the guidelines established in the executive trial in the COGEP.