Prescription of monitoring actions and ordinary processes for the collection of obligations

Abstract

Introduction: The topic to be investigated is part of the need to know the legal vacuum that exists of the prescription time to collect the obligation by order for payment procedure. These procedures grant the actor the power to exercise the collection action for a monetary, liquid debt, demandable and expired, as stated in article 356 of the COGEP whenever it does not exceed fifty Unified Basic Salaries. Objective: The objective of this investigation has been to analyze the collection of obligations through payment order procedure to establish the need to correct the legal vacuum that exists regarding the prescription time of these. Methodology: The research is part of a systematic method, as well as the analytical - synthetic and deductive - inductive, the approach used is the qualitative one. Thus, an academic work of a historical descriptive and review documentary type has also been prepared. Results: The evidence that proves a previous relationship between creditor and debtor was analyzed when the document -which is intended to be collected- has been created unilaterally by the creditor. Conclusions: Regarding the collection action, COGEP does not establish any time for the prescription, thus generating a structural vacuum that is unavoidable to correct.