El adecuado planteamiento de excepciones previas en los incidentes de juicios de alimentos y la litispendencia como elemento suspensivo

Abstract

The present titling work focuses on developing a comprehensive study on the proper approach of the previous exceptions in food trials, which is based on the legal analysis of a previously selected reagent. This investigation starts from the conceptualization of the previous exceptions, which thanks to the contribution of several writers, adhering to the current regulations and constitutional principles, is defined as that means of defense, with legal and anticipated, that every person has to answer in the face of any claim filed against it, opposing the same, causing a suspensive effect in the process or ending with the litigation. Following the evolutionary development of these exceptions in history, great progress was observed in this topic, beginning in the Roman Law until its current application in the Ecuadorian legal system. In the General Organic Code of Processes there is a dogmatic sub-classification of these exceptions, known as previous exceptions that can be corrected and not remedied. Within this are two exceptions that are implemented (in a certain way) in the reagent object of this investigation. Being the incompetence and the lis pendens, different exceptions that, according to their concept, procedure and way of solving that the norms and the doctrine propose, they appear as a previous exception badly based on the practical case and another exception that is in agreement with the Demonstrated facts in the reagent. Analyzing this information, a concrete answer was deduced for the problem posed in this work.