Examinando por Autor "Guamán Lema, Inés Josseline"
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Ítem Solo Metadatos Daños y perjuicios y daño moral en el sistema procesal ecuatoriano(Universidad Católica de Cuenca., 2023) Guamán Lema, Inés Josseline; Peñafiel Fárez, Pedro Esteban; Sánchez Zambrano, José Santiago; 0302335955; 0107588329Actions for damages and moral damages have been argued in the same claim in Ecuadorian professional practice, which entails undue claims accumulation was presented, it is recognized in the General Organic Code of Processes as a prior exception which has such a resolution the claim was archived and returned. As a result is important determinate if the action for moral damages and damages can be in the same claim because this investigation was developed with the qualitative, teleological and comparative method where the nature of damages actions was adequately described; the purpose of the procedural norm was placed, due to the actions autonomy in the Ecuadorian Civil Code; and the procedural progress in the General Organic Code of Process was differentiated in the way of resolving exceptions with the Code of Civil Procedure. Therefore, the objective of this investigation was to determine the cases in which action for damages and moral damage are possible jointly and independently from the procedural point of view. Concluding that the actions referred to, can not be claimed in the same claim by their nature.
