Análisis del procedimiento monitorio vulnerabilidad del principio de impugnación.

Abstract

This research aimed to study the payment procedure and the appeals established in Ecuadorian legislation. Payment procedure is considered a remarkable resource that tends to resolve conflicts concerning the collection of monetary debts in an agile way, having the debtor present documentary evidence tacitly established within the adjective norm. The main objective of this research is to analyze the payment procedure and its appeals. Descriptive research under a qualitative approach was applied to collect information, and an exhaustive study of the literature published within the last five years was also carried out. The order for payment procedure can be a correct way to reduce the procedural burden and the cost for both the state and the plaintiff. When the debtor complies with the obligation or fails when it does not present any opposition, it turns out into a declaratory process. When the defendant presents a justified opposition, this becomes a knowledge process. Nevertheless, only the appeal is allowed on this last one, leaving aside the cassation, creating a real controversy in praxis.