INEFFECTIVE ACTION REPLAY

Journal Title: Ius Humani. Revista de Derecho - Year 2017, Vol 6, Issue 11

Abstract

This research includes the study of the action of repetition, within the art. 11.9 of the Constitution of the Republic of Ecuador, it is noteworthy that the supreme law embodies the principle or right of the State to compensation for damage caused by servers public whose actions marked by intent or fraud have caused it. the absence of a specific and effective procedure through which the action of repetition, consequently achieving the corresponding executable statement is demanded, a situation that calls to approach new elements to the present process is verified. The current regulation of the action of repetition ensures that judges who know the causes can not rule on intent or gross negligence of officials or public servants, and the degree of responsibility for them, hence it is necessary to achieve effective determination responsible so he can answer for the compensation amounts derived from the domestic and international decisions when Ecuador must assume them, such a situation results in an economic loss to the exchequer and a perpetuation of impunity for the actions carried out irresponsibly by officials or public servants that may affect third.

Authors and Affiliations

Guillermo Enríquez Burbano

Keywords

Related Articles

JUDICIAL TRANSFORMATIONS IN ECUADOR: THE BALANCE OF POWER SEEN THROUGH THE ANALYSIS OF SOCIAL NETWORKS

This text explores the balance of powers in the Republic of Ecuador through Social Network Analysis (SNA). It argues that formal and informal ties among political system’s actors can be affected as a result of an improve...

NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW

Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...

THE JURISPRUDENTIAL FOUNDATIONS OF IRAN’S CRIMINAL POLICY CONCERNING THE SPREAD OF PROSTITUTION COVERED IN THE 2013 PENAL CODE

The legislator has acted to criminalize the field of public chastity in order to preserve public morality; one of these cases considers prostitution. Publication of some news and images, especially those that may appe...

“Non Nato” Legal Protection In Ecuador

The focus of this paper is the beginning of life. Analyzing the theories expounded on this topic by various authors, the research seeks to define the origin of the human personality. The paper contains a study of the pre...

REGISTRY OFFICE AND SECULARIZATION. A COMPARISON BETWEEN ECUADOR AND FRANCE

The study of the creation of the Registry Office of people and of its linkages with the Church’s sacraments gets us right to the heart of legal, political and religious paramount issues. The comparison of recent French a...

Download PDF file
  • EP ID EP36095
  • DOI https://doi.org/10.31207/ih.v6i0.133
  • Views 392
  • Downloads 0

How To Cite

Guillermo Enríquez Burbano (2017). INEFFECTIVE ACTION REPLAY. Ius Humani. Revista de Derecho, 6(11), -. https://europub.co.uk/articles/-A-36095