Quevedo & Ponce - Noticias Legales
Resolution No. 06-2025 of the National Court of Justice defines and clarifies terms for the application of Article 55 of the Organic General Code of Processes, pertaining to citations by notices
- April 18th, 2025
- Quevedo & Ponce
This binding and clarifying resolution, issued by the Plenary of the National Court of Justice, establishes a new substantive basis for the completion of citation procedures in accordance with the law. Regarding Article 55 of the Organic General Code of Processes, which pertains to citation by notices, it can be noted that its practical implementation has encountered significant difficulties, particularly in citations carried out in urbanizations or other residential areas under a horizontal property regime, or those with private security services.
One of the novel aspects of this resolution is “the obligation of guards, administrators, or any surveillance or control personnel of the property to cooperate in facilitating the execution of the citation procedure.”
Why was this resolution issued?
Among the various considerations that prompted its issuance are the challenges in effecting citation by notices when the cited person’s domicile is located in buildings subject to a horizontal property regime, residential complexes, or gated urbanizations, as well as restrictions on access to such properties imposed by security or administrative personnel, and the implications of affixing a notice in common areas of such properties.
What does the resolution entail?
It entails that citation by notices may and must be carried out with the cooperation of both public law enforcement and private security personnel, thereby improving the facilitation of the citation process by the respective officers. This seeks to enhance efficiency at this procedural stage, avoiding the need to resort to citations through mass communication media. Thus, this resolution represents a modest advancement in the field of citation, despite the congestion within the Ecuadorian judicial system.
At Quevedo & Ponce, our team of experts personally oversees the successful development of each procedural phase, including citation, for the benefit of our clients and with a commitment to achieving the highest efficiency. Our dedication to obtaining satisfactory outcomes underscores this commitment.
Más Artículos
“Bimbo” Brand Rejected in Switzerland: The Importance of Cultural Perceptions in Trademark Registration
In the world of intellectual property, trademark protection involves not only legal aspects but also the social impact of the terms used. A recent case in Switzerland highlights how a trademark can be rejected if its name has immoral or insensitive connotations towards specific social groups.
Administrative Tribunal of Quito Protects the Rights of a Designation Of Origin Registered in the European Union and WIPO
Quevedo & Ponce successfully acted on behalf of the Consorzio Produttori e Tutela della DOP FONTINA in response to a lawsuit filed by an Ecuadorian company, which primarily argued that FONTINA was not registered in Ecuador. However, the Administrative Litigation Tribunal located in the Metropolitan District of Quito upheld the challenged administrative act, citing the risk of consumer confusion and applying Decision 486 of the Andean Community, emphasizing the importance of protecting designations of origin, even without formal registration in Ecuador.
How to Protect Your Business from Litigation: Basic Legal Tips
Litigation can pose risks to your company’s resources and reputation. To prevent such risks, it is essential to adopt preventive measures, including drafting clear and comprehensive contracts, ensuring compliance with labor laws, safeguarding intellectual property, maintaining transparent accounting practices, engaging the services of a specialized attorney, and promoting internal conflict resolution. With appropriate legal counsel, you can protect your business and ensure its uninterrupted growth, free from legal disruptions.
No severance compensation for public servants in cases of voluntary retirement to benefit from retirement: New binding jurisprudential precedent for Ecuador
This resolution specifically applies to public servants who retire (cease their duties) to benefit from retirement, as provided in Article 47 of the Organic Law of the Public Service (LOSEP)
Creation of Judicial Units Specialized in Constitutional Matters
The establishment of judicial units specialized in constitutional matters, as well as specialized chambers within second instance courts nationwide, was decreed through Resolution No. 006-2025 by the Plenary Session of the Council of the Judiciary.
