Abstract

ROJAS CARDENAS, Juan Alberto; PINO ANDRADE, Edmundo Enrique; ANDRADE SANTAMARIA, Danilo Rafael  and  SILVA MONTOYA, Oscar Fabián. Pre-judiciality and its procedural application in Ecuadorian legislation. Universidad y Sociedad [online]. 2020, vol.12, n.5, pp. 366-375.  Epub Oct 02, 2020. ISSN 2218-3620.

To the preliminary ruling and its application in Ecuadorian legislation, we will study its importance and relevance in the logical and legal connection with the object of the process, since it is a jurisdictional decision before starting the civil process, during the civil process or before the judgment regarding the jurisdictionally known underlying issue. Various legal criteria collected in our current system will be used, where according to the level of competition, discretion and obligation and which must be pronounced jurisdictionally; The preliminary questions of return, with a well marked observation by the resolution system, can be return or exclusion, not return when they must be resolved by the same judge.

Keywords : Prejudice; legal obstacle; competition; res judicata.

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