Análisis de la existencia de requisitos de los títulos de ejecución en el Código Orgánico General de Procesos

Abstract

This research aims to analyze the requirements for enforceable titles in Ecuador’s General Organic Code of Procedures (COGEP, by its acronym in Spanish), identifying the main regulatory gaps and deficiencies that impact their practical application. Through an in-depth study of the provisions in the General Organic Code of Procedures and a comparative analysis with legislation from other Latin American countries, the aim is to propose reforms that enhance clarity and legal certainty in the use of these legal instruments. The results of this research highlight the need to establish more precise and detailed regulations for enforceable titles, ensuring a fairer and more effective application of the law in enforcement proceedings. Lastly, a reform of Article 347 of the COGEP is proposed, aimed at unifying the categories of enforceable titles and executory titles –except for final judgments and other strictly judicial instruments– to provide the procedural system with consistency, clarity, and efficiency. This reform would strengthen effective judicial protection and prevent classification errors that currently occur in enforcement proceedings (National Court of Justice, 2021).