Inejecutividad de la obligación como excepción taxativa al juicio ejecutivo.

Abstract

Defenses established for executive processes, including previous defenses stated in the article 353 of the General Organic Code of Proceedings (Código Orgánico General de Procesos - COGEP), fail to include all possible legitimate situations in which debtors may be involved. Code has mixed up concepts, promissory notes are confused with executive obligations, which results in judges prone to err, therefore infringements of due process and legal certainty. Thus, Ecuadorian laws were analyze, in order to conclude the non-existence of the exception "nonexecutive obligation" causes defenselessness to the defendants in executive proceedings. Accordingly, we determine that the lack of exception undermines the rights of the defendant in executive proceedings.