La citación en el extranjero y su importancia dentro de los actos procesales.

Abstract

This research aimed to establish the importance of legal summons of process abroad within legal proceedings, examining the various situations that arise concerning Ecuadorians abroad and foreigners within and outside of Ecuador when duly and legally complying with service of process in judicial proceedings. It analyzed whether the basic guarantees of due process, effective judicial protection, and the right to defense are met. The research is based on the exploration, presentation, and analysis of the normative and doctrinal framework governing service of process abroad, determining whether legal gaps exist within the Ecuadorian legal system, and whether the established methods for serving judicial summonses comply with all the principles of due process, ensuring the defendants' right to a proper defense. An analytical-synthetic methodology was employed, breaking down the legal problem and integrating it for a correct understanding. It was shown that certain situations have a correct procedure for obtaining a summons in accordance with the law, as well as situations in which legal gaps have been identified that endanger basic rights of the defendants, such as being informed of the process through the summons and being able to exercise the right to defense in a timely manner.