La rehabilitación del fallido en el Código Órganico General de Procesos y sus vacios legales

Abstract

The entry into force of the General Organic Code of Proceedings in May 2016, innovating new procedures for the effective application of the Ecuadorian non-criminal regulations. Within this normative body we find established the procedure corresponding to the rehabilitation of the failed or also known as insolvent, which has turned out to be very limited with respect to the constant in the repealed Code of Civil Procedure, since article 597 of this, establishes very clear parameters that must be applied to request the rehabilitation of the person who has been declared as insolvent, while Article 430 of the current General Organic Code of Proceedings establishes that the rehabilitation of the insolvent person will only proceed when he/she possesses sufficient assets to cover the obligation, or when the creditors have authorized the same if the debtor has not covered the totality of the obligation, This provision does not clearly express the procedure that should be followed for such purpose, as it was done in the repealed adjective norm, which is why we have legally studied this problem by means of a qualitative research, through the compilation and analysis of bibliographic sources, with the objective of determining whether the constant legal provision in the General Organic Code of Proceedings constitutes a legal void in the Ecuadorian legal system, which could limit the full exercise of the right to legal certainty of persons who have been declared insolvent and who wish the legal effects generated by this declaration to cease.