The popular action and the protection of diffuse rights in Santo Domingo canton.

  • Leny Cecilia Campaña Muñoz Universidad Regional Autónoma de los Andes
  • Edwin Bolívar Prado Calderón Universidad Regional Autónoma de los Andes
  • Javier Darío Bósquez Remache Universidad Regional Autónoma de los Andes
  • Lady Nathaly Chica López Universidad Regional Autónoma de los Andes
Keywords: Popular action, diffuse rights, contingent damage, human rights, jurisdictional actions

Abstract

The Civil Law appears with a contribution in disuse, and even forgotten by the legal community of Ecuador with which it intends to protect the diffuse rights of indeterminate individuals tied to an event that is considered contingent damage; Art. 2236 of the Civil Code prescribes it as Popular Action. This research determines the frequency of the use of the popular action as a mechanism to repair contingent damage of diffuse rights. The research modality was mixed, with a greater quantitative, non-experimental and descriptive scope; deductive-inductive methods and documentary analysis were used, through interviews to judges; litigant lawyers; review of national and foreign regulations, and bibliography, obtaining as a result a total lack of knowledge of the Popular Action in Civil Law.

Published
2021-07-01