Incorporación de la prohibición de enajenar sobre bienes muebles dentro de las providencias preventivas mediante reforma.

Abstract

This complex examination addresses the problem related to the lack of knowledge of the possibility and need for the incorporation and application of requests for preventive measures related to the prohibition of alienating movable property within the executive processes in the Ecuadorian legal system in civil matters. It is for this reason that, in the face of such a problem, it can be seen how in certain cases and circumstances prohibitions on the sale of real estate are not enough to ensure compliance with a debt by the debtor, but that it is essential to have other alternatives for insurance measures when It is not possible to identify the ownership of real estate or when the debtor only has movable property to support the payment of the obligation. The objective of this research is to propose a reform to article 126 of the General Organic Code of Processes (COGEP) to incorporate preventive provisions prohibiting the transfer of movable property, in order to have an effective means of solution to the problem raised. In the methodology, the qualitative modality was used, which was based on an eminently doctrinal study, as well as comparative law and a practical case study as part of the methods of direct observation and documentary with an empirical nature to understand how the prohibition of alienating can support obligations in executive proceedings, but in certain cases other means of support such as personal property are needed. The result of this study shows a viable proposal validated by the instruments presented.