Towards a new civil procedure system for Ecuador.

There are two reasons that promote the realization of this project. The first, that the Political Constitution of the State currently in force proclaimed, within the general principles applicable to the judicial function, among others, that of the jurisdictional unit, which requires, then, that all matters that must undergo a jurisdictional decision, are known and resolved by law judges and not, as it happens now, in countless cases, by lay judges. He also proclaimed among the guarantees of due process, the need for the principles of immediacy, speed and efficiency in the administration of justice and ordered that the procedural laws seek simplification, uniformity, efficiency and efficiency in the administration of justice and the implementation of the oral process. As a transitory provision, the Constitution ordered that within four years the oral process should be implemented in the civil procedure, applicable to civil and commercial judgments; Procedure that, for the same reason, should have entered into force since August 12, 2002. To date, of what is known, there is only a proposal made by the Quito Lawyers, which has not deserved welcome from the Congress and that, in addition, it is quite a lot from what should be an oral process. This project practically repeats the rules of the current Code of Civil Procedure. It is pursued, then, as an objective of this investigation to base the theoretical, legal and practical reasons that impose a new Code of Civil Procedure (the one that governs, which is practically the code of 1906 with the modifications that were made when adopting the code of 1938, it has a century of validity and a series of archaic institutions apart from not respecting the constitutional principle that has been invoked, because the procedure is essentially written). Based on the need to adopt this new Code of Procedure, it is intended to formulate a project of Code of Civil Procedure for the Republic of Ecuador, which eliminates the more than thirty different procedures. Many of them completely anachronistic- that currently govern and replace them with only five, namely: a declarative judgment, an executive judgment, a special procedure submitted to the knowledge of the judges, a procedure of voluntary jurisdiction attributed to the notaries attributed to the notaries. That arouse are substantiated in a summary trial before the judges and a voluntary jurisdiction procedure that exclusively breaches the notaries.-

FIFTH UNIVERSITY RESEARCH PROJECT COMPETITION