Browsing by Author "Loaiza Montero, Andrea Carolina"

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Análisis de la resolución dictada por la sala especializada de lo civil y mercantil de la corte nacional de justicia emitida el 07 de mayo del 2019 dentro del procedimiento por daño moral seguido por la Sra. M.B.B.G en contra de Banco de Guayaquil (01333-2018-00138)
(Universidad de Cuenca, 2020-10-28) Loaiza Montero, Andrea Carolina; González Calle, Fernando Teodoro
The present degree work makes a critical analysis around the issue of moral damage, same that appears from the ending of an employment relationship, between worker and employer, specifically, as a result of an unjustified layoff, that is to say, by the unilateral will of the employer to terminate the employment contract. The method used is the qualitative one, by discussing the legal analysis contained on the legal case No. 01333-2018-00138, referring to the civil action of moral damage put forward by Mrs. M.B.B.G. against BANCO GUAYAQUIL and which has as an antecedent an unjustified layoff due to discriminatory reasons. All this work is intended to establish the foundations used by the administrators of justice in their judicial decisions, both in the Trial Courts and on the Court of Cassation, against legal cases where there was previously an indemnity for loss of employment in the workplace due to discriminatory grounds, an additional compensation besides the unjustified layoff.
El derecho de daños: normativa actualmente aplicable y resarcimiento según el ordenamiento jurídico ecuatoriano
(2015) Loaiza Montero, Andrea Carolina; Sacasari Aucapiña, Edgar Geovanni
In this thesis, we present an updated vision of our reformed legislation related to the compensation for damages in contract or tort; we are aware that this institution has initiated changes based on several legal codes within our legal system, under the name of full compensation, which turns out to be a real breakthrough in our regulatory environment. We analyze the content of existing rules related to the damages in the Civil Code and the newest full compensation under other regulations, such as the current Constitution of the Republic, the Organic Law on Jurisdictional Guarantees and Constitutional Control, and the Integral Criminal Code, in order to have a clear vision of the traditional civilian code on compensation for damages suffered, for the good, deep changes that deserve to be known and analyzed in detail by all civilians.