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Browsing by Author "Solis Solis, Yolanda Guadalupe"

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    El abandono por inasistencia de la parte actora a las audiencias y la tutela eficaz de los derechos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-06) Solis Solis, Yolanda Guadalupe; Poaquiza Poaquiza, Angel Patricio
    Currently the General Organic Code of Processes is in force since May 2016, norm that regulates the procedural and pre-procedural aspects of civil proceedings, except for matters such as electoral, criminal and constitutional. The General Organic Code of Processes is the norm for the processing of trials in labor, family, tax and administrative litigation, and civil matters; regulating several aspects that were not previously regulated by the previous civil procedure legislation, such as the way of conducting the audiences, which must comply with several principles such as: publicity, procedural loyalty, orality, immediacy. The General Organic Code of Processes, says that there are several extraordinary ways to end a process including conciliation, retirement of demand, withdrawal, trespassing and abandonment. In accordance with the principle of orality enshrined in the Republic Constitution, all processes are governed by the oral system and the judges listens to the parties, the parties practice all proofs, the judge makes the oral statement and reasoned resolution. Currently article 87 of the General Organic Code of Processes, stipulates the effects of the lack of appearance to the audiences, stating in numeral 1 that when the applicant did not appear at the corresponding audience, his absence will be as abandonment; it is worth mentioning that the rule cited in Art. 249 shows us the effects of abandonment, among them, if the abandonment of the first instance is declared, no new claim can be filed. There may be several factors of force majeure for which the actor could not attend an audience among them who pass the following circumstances on that day such as: illness, domestic calamity, mechanical damage of the medium used by the actor to attend the audience. Our Republic Constitution in her articule 75 establishes the effective protection of rights and upon declaring abandonment, the plaintiff will not be able to file a new claim in the first instance, remaining defenseless because he can not exercise the rights that he is assisted.

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