Requisitos procesales para la configuración del procedimiento monitorio

Abstract

The monitorio procedure comes from the Latin “monitorius” that we can understand similar to the person who warns or admonishes, in consequence it is the call of warning that makes the judge to the debtor.

The CódigoOrgánico General de Procesosforesee this new procedure to the Ecuadorian legislation through which the judge intimates the defendant to fulfill with the obligation or obligations complained, through an auto interlocutorio.

Being able the required to justify the fulfill of the obligation by the ways provided by law, or in the case of not doing, the auto interlocutorio cause executory, in consequence of the non-appearance or inactivity.

In the event that the debtor fulfills with the obligation the judge place it in autos and provide the archive.