Las personas jurídicas como víctimas y causantes del daño moral según la legislación ecuatoriana

Abstract

Responsibility of legal entities as causatives of moral damages or as victims of the same is and has been a complex and debated topic. Nowadays, there is a trend to state that legal entities can be perpetrators of moral damage, since they have capacity to acquire rights and contract obligations, but above all have the capacity to proceed and act as a legal representative being a manager, administrative or associated, it is understood as these acts were performed by the society. However, there is also another trend that establishes a legal entity cannot produce moral damage since this is just a fictional entity and lacks capacity to proceed and want. The same way, in this project the subject of legal entities as victims of moral damage will be analyzed in order to confirm that legal entities suffer from his damage when their names, honor and reputation get affected or to confirm if they lack those rights.