El procedimiento monitorio en el sistema procesal civil ecuatoriano y sus principales diferencias con el procedimiento ejecutivo.

Abstract

The implementation of new processes that simplify the ways to achieve the rule of law must respect minimum principles and rules that are in harmony with the precepts of the charter of a state. It is from the implementation of the General Organic Code of Processes (COGEP), that the Monitoring Procedure arises as something unheard of in Ecuadorian procedural law, since the scope of application given to it and the structure of the process as such does not correspond to any institution previously introduced by the repealed Code of Civil Procedure (CPC). The Monitoring Procedure in our civil procedural order was established so that we can claim monetary, demandable, liquid and expired debts of up to fifty unified basic salaries of the worker in general; noting that none of these mea ns may be an enforceable title, which corresponds exhaustively to the principal means of proof to initiate legal action through the executive proceeding, as well as other differences between these proceedings, such as, in the monitoring is of limited amoun t in both that the executive of unlimited amount; that in both operates the appeal of appeal being that for the Monitoring Procedure this is of suspensive effect, but in the executive does not suspend the contested decision; that preventive measures proceed in the executive and not in the monitoring; that the first requires sponsorship, while the second requires the sponsorship is determined by the amount, among others.