Análisis de la falta de declaratoria de insolencia, en le Cantón Cuenca Provincia del Azuay en el periodo 2014-2017

Abstract

Insolvency refers a juridica state in which the debtor does not comply with the requested time and limits for his/her lack of economic resources, therefore, both his/her debts and current liabilities are greater than the assets he/she possesses, causing a serious damage to the creditor. As it has been evidenced in the development of this work, the non-declaration of insolvency in the country represents a major problem for the creditor of good faith who feels frustrated by his/her legal claim to recover his/her capital stock, which means that his/her patrimony that is the basis of his/her economy, as well as to that of his/her family, hence the imprative nessecity to reach to the end of the insolvency process so that justice takes place to safeguard the rigths to the creditor, everu time the norm says that if the debtor recovers economically his/her future assets dhoult cover what he/her owes, this represents the possibility that the creditor can recover his/her money and thereby restore his/her assets. In summary, these claims should not reamin in the impunity, as it has been happening throughput the history in this tipe of processes.