Contradicción normativa en la oportunidad para presentar tercerías excluyente y coadyuvante en procesos ordinarios y en ejecución en el COGEP

Abstract

This research addresses the regulatory contradiction in the General Organic Code of Procedures (COGEP, by its Spanish acronym) regarding the procedural opportunity to file exclusionary and contributory third-party claims in ordinary and enforcement proceedings. This legal conflict creates uncertainty regarding the appropriate time for third-party intervention, directly affecting constitutional rights such as legal certainty, the right to defense, and the right to challenge evidence. Through a qualitative approach and analytical-synthetic, systemic-structural-functional, and comparative law methods, the research analyzes Ecuadorian regulations, procedural doctrine, and constitutional jurisprudence, contrasting them with legislation from Peru, Argentina, and Spain. The study shows that the inconsistency between Articles 48 and 294 of the COGEP, as well as the length of time involved in the enforcement process, undermines procedural balance. Lastly, a reform is proposed to unify the deadlines for the admission of third-party claims and strengthen the guarantee-based application of the process, ensuring equal conditions between the parties and respect for fundamental rights. This research seeks to contribute to the improvement of the Ecuadorian procedural system and the strengthening of the constitutional state of rights and justice.