Consequences of the Enforcement of a Judgment Appealed to the Supreme Court

In Ecuador, a lower court judgment can be executed even if an appeal to the Supreme Court is pending, which could modify it. The problem arises when that judgment is overturned and the actions resulting from its execution lose their legal basis. Different legal systems offer two possible solutions:...

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Detalhes bibliográficos
Autor: Naranjo Godoy, Lorena
Tipo de documento: Artigo
Estado:Published version
Data de publicação:2017
País:Ecuador
Recursos:UASB
Repositório:Revista FORO: REVISTA DE DERECHO
Idioma:Espanhol
OAI Identifier:oai:revistas.uasb.edu.ec:article/318
Acesso em linha:https://revistas.uasb.edu.ec/index.php/foro/article/view/318
Nível de acesso:Acesso aberto
Palavra-chave:DERECHO PROCESAL
SENTENCIAS
RECURSO DE CASACIÓN
PROCEDURE (LAW)
JUDGEMENTS
CASATION REMEDY
Descrição
Resumo:In Ecuador, a lower court judgment can be executed even if an appeal to the Supreme Court is pending, which could modify it. The problem arises when that judgment is overturned and the actions resulting from its execution lose their legal basis. Different legal systems offer two possible solutions: a) one that considers the judgment appealed to the Supreme Court not to be final and definitive, and therefore, as a legally established exception to the principles of law, allows the provisional execution of a judgment lacking finality; or b) one that establishes that the nature of the judgment appealed to the Supreme Court is that of being final and definitive, subject to a resolutory condition, so its execution is also definitive, but subject to a resolutory condition. This paper attempts to determine to which system our Law of Cassation belongs.