Constitucionalización del derecho de daños en el Ecuador

Abstract

This monograph analyzes the institutions that are part of the Law of Damage under a constitutional vision. With the validity of the Constitution of the Republic of Ecuador (2008) on the new concepts of civil liability in relation to the damage that a person may suffer in their rights. Under the new model of the Constitutional State of Rights and Justice must be to the constitutional norm to direct and to apply to cases of violation of rights of is to say that caused damages is forced to repair in an integral manner covering the total damage. However the repair in recent years has been limited to the economic side forgetting the side effects that can damage the rights of people. The role of the Judge changes from being the mouth of the law to becoming the guarantor of the rights, therefore he must seek the most effective remedy in the legal rules, achieving an effective protection of rights. It is true that the rules of the Civil Code regarding contractual and extra-contractual civil liability of the old data have not been changed and are in harmony with the Constitutional standard regarding the violation of rights and their redress. This research project seeks to contribute to the law. According to the Law of Damages at present, without forgetting the hierarchical link with Constitutional Law.