El principio de reparación integral y su aplicación en el derecho civil

Abstract

With this paper we focus on current and pose a specific vision about the Principle of Reparation, contemplated as part of tort law and giving emphasis on their application to the Civil Law. In recent years there have been reforms in our legislation about how to repair properly (integral) the damages caused as a result of the liability arising as a result innate; and if this is Civil, whether it comes from a contractual relationship or having the character of tort or delict. It is important to consider that this is a figure that in the last decades of radical becomes important and it is important to consider the institution of an autonomous and independent manner; which has been opening fields within the legal and legal world; in our country is referred to in various regulatory bodies, that is in the Constitution of the Republic in the Organic Law on Jurisdictional Guarantees and Constitutional Control; in the Code of Criminal Integral without doubt in the Ecuadorian Civil Code. This research project aims to evaluate the application of this principle of Reparation, in our country, consider whether there is actually compensation for damage to victims and how has tried to return them to their former state the harmful event occurred; so we must analyze from damage and classes, as well as liability; we can not forget either analyze several of these figures in relation to comparative law; because only by having a clear and concise picture of the subject we can assess and apply at the right time this principle.