Mensajes de datos y su valor probatorio en la legislación ecuatoriana

Abstract

In the Ecuadorian legal regime, the so-called documents or electronic media have been addressed very briefly, which requires a legislative response to the current reality and the need to legally shield electronic communication through the Internet. On a day-to-day basis, communications, contracts and business are done through the Internet; practices end up being more virtual and less face-to-face; sometimes the facts that gave rise to a dispute are not reflected in anything tangible, but in data messages; there is no paper support, everything that generates concerns regarding the process. That is why the study has the purpose of determining how the data messages contribute as probative value in the Ecuadorian legislation, for which the qualitative modality was used since it focused on the description and analysis of the current situation within the legislation. Ecuadorian, for this in the first stage of the investigation, through the application of the theoretical method, it was determined how the data messages contribute as probative value in the Ecuadorian legislation, in the second phase of the investigation through the analysis method of content, the legal requirements of the text message that can be used as probative value in Ecuadorian legislation are identified. And finally, in the third phase of the investigation, it was carried out through an analysis of the electronic commerce law, which allowed describing the requirements for the conservation of data messages in Ecuadorian legislation