Justificación probatoria del arraigo en el Ecuador respecto de un deudor extranjero.

Abstract

Our research entitled “Evidential justification of roots in Ecuador with respect to a foreign debtor” analyzes the legal figure of arraigo as a preventive measure which is established in article 131 of the general organic code of procedure, being this a way of requesting the detention of that foreign obligated party who intends to leave the country without fulfilling the due contractual commitment. The study presented addresses different criteria from the doctrinal, normative and jurisprudential point of view, which have served to provide an objective solution to the legal problem presented by this institution, thus avoiding the possibility of arbitrariness on the part of the judge, something that has been witnessed many times in Ecuador, since by maintaining a certain ambiguity this procedural rule does not respect the principles of reasonableness, necessity and proportionality, procedural precepts that must always be present in each decision made by the magistrate As a result of this legal investigation we can see and analyze that the arraigo must always be imposed in a reasonable and legitimate way because the foreigner will not be able to move until this precautionary measure lasts, that is why it is necessary that the arraigo be practiced in the best way without denaturing the right of defense causing that if it does it becomes an abusive and excessive measure, but on the contrary it is sought that it is per se a guarantee that can be fulfilled with Its precautionary nature also satisfies the responsibility that the foreigner has with his creditor with an approach that protects the needs and rights of the adult adoptee.