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Dilemas contemporáneos: educación, política y valores
versão On-line ISSN 2007-7890
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CAMPANA MUNOZ, Leny Cecilia; PRADO CALDERON, Edwin Bolívar; BOSQUEZ REMACHE, Javier Darío e CHICA LOPEZ, Lady Nathaly. The popular action and the protection of diffuse rights in Santo Domingo canton. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe4, 00043. Epub 20-Set-2021. ISSN 2007-7890. https://doi.org/10.46377/dilemas.v8i.2796.
The Civil Law appears with a contribution in disuse, and even forgotten by the legal community of Ecuador with which it intends to protect the diffuse rights of indeterminate individuals tied to an event that is considered contingent damage; Art. 2236 of the Civil Code prescribes it as Popular Action. This research determines the frequency of the use of the popular action as a mechanism to repair contingent damage of diffuse rights. The research modality was mixed, with a greater quantitative, non-experimental and descriptive scope; deductive-inductive methods and documentary analysis were used, through interviews to judges; litigant lawyers; review of national and foreign regulations, and bibliography, obtaining as a result a total lack of knowledge of the Popular Action in Civil Law.
Palavras-chave : Popular action; diffuse rights; contingent damage; human rights; jurisdictional actions.