The procedural participation of third parties in the enforcement proceedings

  • Jairo Mauricio Puetate Paucar Universidad Regional Autónoma de Los Andes
  • Estiven Emilio Rosero Erazo Universidad Regional Autónoma de Los Andes
  • Diego Fernando Coka Flores Universidad Regional Autónoma de Los Andes
Keywords: procedural law, enforcement, rights, third parties, interveners

Abstract

The research examines the role of procedural momentum and third party contributors in the execution process, under Ecuadorian civil procedural regulations. The violation of the rights of third party contributors was detected, highlighting the lack of speci fic regulation in forced execution. This situation implies a legal vacuum that affects your rights. A critical finding is the restriction of collection action for third parties once the primary creditor has been paid, with no option to maintain t he lien. Contrasting these results with previous research, the existence of the problem is confirmed, and solutions are proposed. Regulatory reforms are advocated that safeguard the rights of third party contributors, promoting a fair and just execution pr ocess.

Published
2024-09-01