Abstract

VILLACRES DUCHE, Oscar Fabian; PEREZ MAYORGA, Betty Cumandá; GUAIGUA VIZCAINO, Fausto Danilo  and  SOLANO MORENO, Alex Fabián. The unfeasible execution of open mortgages in Ecuador's legal framework. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 637-642.  Epub Dec 10, 2023. ISSN 2218-3620.

The topic addressed in this paper is of fundamental importance, since it examines a current problem of great relevance in the national legal sphere. Despite the fact that the General Organic Code of Proceedings incorporated the mortgage as a title of execution in Article 363, numeral 10 (modified by Article 64 of Law s/n, R.O. 517-S, 26-VI-2019), the current reality is that open mortgages are simply not admitted by the administrators of justice for execution proceedings. Therefore, the objective of this study is to analyze whether the unenforceability of open mortgages as a title of execution violates the principles of procedural celerity and legal certainty in the Ecuadorian legal framework. The methodology used is based on a cross-sectional descriptive documentary approach, complemented by interviews as a data collection technique.

Keywords : Open mortgage; Closed mortgage; Celerity; Legal security.