La exclusión de la prohibición de enajenar bienes muebles en procesos ejecutivos.

Abstract

This work analyzes the procedural scope of Article 126 of the General Code of Procedure (COGEP) in enforcement proceedings, with special emphasis on the limitations it presents for the protection of movable property as a preventive measure. The research addresses the regulatory context of preventive measures, identifying legal loopholes and practical limitations that affect the effective judicial protection of creditors. It examines the treatment of the prohibition on the disposal of movable property, its exclusion from the current legal framework, and the implications this has for enforcement proceedings. It also studies interpretative criteria that could optimize the application of this measure and proposes a regulatory solution. Finally, it includes an analysis of the arraigo as a preventive measure and its practical difficulties in Ecuador, highlighting the need for legislative and procedural adjustments to ensure a more agile and effective justice system.