La cosa juzgada en los juicios de acciones posesorias.

Abstract

The objective of this thesis is to analyze the effects of the exception of res judicata in judgments of possessory actions in Ecuador, based on Resolution No. 12-2012 of the National Court of Justice, and its impact on the legal certainty of the judicial system. The historical evolution of the protection of possession and the distinction between possession and ownership are examined. Additionally, possessory actions, such as possessory protection and restitution, which protect possession against dispossession, are studied. The thesis highlights the importance of res judicata and the consequences of its non-application in possessory trials, concluding with recommendations to improve the Ecuadorian judicial system.