Providencias preventivas, arraigo del deudor extranjero.

Abstract

This research examines the legal figure of travel restriction applied to foreign debtors within the Ecuadorian civil procedure, with the purpose of assessing its application in light of the constitutional principles that govern the administration of justice. For this purpose, the study analyzes the content of Article 131 of the Organic General Code of Processes (COGEP), as well as the difficulties faced by creditors when requesting this precautionary measure. The research also addresses practical problems derived from the evidentiary burden required by the regulation, the lack of uniform judicial criteria in its application, and the institutional limitations in accessing information regarding the debtor’s assets. The analysis shows that, although travel restriction was conceived as a preventive mechanism to avoid the debtor leaving the country and frustrating the enforcement of a potential judgment, in practice its application presents limitations that reduce its effectiveness. In this context, the study highlights the need to review the interpretation and application of this measure within civil proceedings, ensuring that it is applied under clear and proportional criteria, while respecting fundamental rights and guaranteeing effective judicial protection for creditors.