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ARTICLE · 03 DECEMBER 2019

Should Filing A Claim And Not The Summon Interrupt The Statute Of Limitation?

The amendment to the General Organic Code of Processes (COGEP), which entered into force on June 26, 2019, modified article 64(4) substantially modifying the interruption of the statute of limitations

EcuadorLitigation, Mediation & Arbitration

The amendment to the General Organic Code of Processes (COGEP), which entered into force on June 26, 2019, modified article 64(4) substantially modifying the interruption of the statute of limitations. Thus, before the reform, COGEP established that: "The effects of citations are... 4. Interruption the statute of limitations." While after the amendment, it establishes that: "The effects of citations are... 4. Interruption of the statute limitations. If the lawsuit is summoned within six months of being filed, the interruption of the statute of limitations will be rolled back to the date in which the lawsuit was filed."1 Due to the amendment in reference, ¿is the right to legal certainty compromised?

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