Examinando por Autor "Ruíz Fajardo, Erika Ivanya"
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- ÍtemSolo MetadatosLa falta de declaratoria de insolvencia en el ordenamiento jurídico ecuatoriano y la posible vulneración del derecho al acreedor(Universidad Católica de Cuenca., 2022) Ruíz Fajardo, Erika Ivanya; Barrera Bravo, Fausto Ricardo; 1400861918The general objective of this scientific article is to analyze the lack of declaration of insolvency in the Ecuadorian legal system and the possible infringement of the creditor's rights. The issue occurs since Article 416 of the General Organic Code of Proceedings establishes that when the debtor does not comply with the enforcement order given by the judge, only the presumption of insolvency is contemplated. In this case, it is not like in other legislations that if the debtor does not comply with the enforcement order automatically, first, insolvency is declared by the court in the case. Second, the creditor may immediately foreclose on the debtor's assets. This issue has provoked considerable discussion as those affected consider their creditworthiness not guaranteed. The methodology used was based on the qualitative approach, using the comparative analytical method to provide a solution to this issue, provisions of Colombian, Peruvian, and Chilean legislation were reviewed, in which there is a specific solution to this issue.