Limitaciones del Plazo para Ejercer la Acción Pauliana en Ecuador

Abstract

The scientific article analyzes the limitations of the one-year period established in Ecuador for exercising the pauliana action, a legal mechanism that allows creditors to challenge fraudulent acts of debtors. This period is insufficient to detect fraud and gather evidence, which affects the effectiveness of this tool and hinders access to justice, even in obvious cases. In contrast, legislation in countries such as Colombia and Spain offers longer periods, allowing greater protection of creditors' rights. The need to reform Ecuadorian legislation is highlighted, extending deadlines and strengthening legal training and criteria, in order to ensure a more equitable and reliable system.