ANÁLISIS JURÍDICO DEL PLAZO DE LA ACCIÓN DE COBRO VÍA MONITORIA FRENTE AL DEBIDO PROCESO

Abstract

This legal analysis examines the impact of the regulation of the time frame for the exercise of the collection action via monitoring on the guarantee of due process within the Ecuadorian context. The monitoring action, as provided in the Organic General Code of Processes (COGEP), is designed to facilitate the collection of clear, liquid, and enforceable debts through a quick and simple procedure. However, the time frames involved in this process directly affect the guarantee of due process, creating uncertainty and inequality for the parties. This study addresses the fundamental principles of due process applicable to this action and proposes regulatory reforms to enhance its application and ensure better protection of the parties' rights. It concludes that the regulation of time frames must be precise and in accordance with due process standards to avoid violations of fundamental rights.