Citación para personas extranjeras residentes en el exterior sometidas a la justicia ecuatoriana.

Abstract

To carry out the framework of this research, it was necessary to propose as an objective, the elaboration of a critical study document, which allows analyzing the absence of express regulations in Book II, Chapter I of the General Organic Code of Processes, in relation to the summons to foreigners. This chapter establishes the procedures and effects of the summons for Ecuadorian natural and legal persons, as well as for Ecuadorians abroad. However, there are no specific legal regulations in this legal framework to summon foreigners who are outside Ecuadorian territory. The foregoing causes a serious risk to legal certainty, since it would render the process null and void, if there was no effective summons, respecting a public order procedure, and Ecuador lacks specific international agreements that ensure the existence of a legal and previously established procedure.