La responsabilidad civil extracontractual y su reparación por daños y perjuicios dentro de la legislación Ecuatoriana

Abstract

This research, which is entitled "tort liability and redress for damages in the Ecuadorian Legislation" seeks, analyzing the rules governing the amount of the damage caused by unlawful acts of individuals, since in everyday relationships that exists in society, it is very common that there is this type of behavior, the issue of reparation to which they are entitled will be treated who has been the victim of a prejudice, because at present, there is great many people do not go to the competent courts to claim this right, perhaps out of shame or ignorance, because most people believe that the absence of a document that supports the breach of certain obligations, which have been the antecedent of damage, they are not enforceable.

In terms of damages, as to the compensation ordered by the court to pay the person who has suffered the damage, our Civil Code is clearly repaired, it raises three institutions regarding damage, being the following: damage consequential, lost profits and moral damages; that is, it is a heritage asset and extra compensation for the damage caused to a legally protected.

The determination of compensatory damages, differentiating when there has been a patrimonial or extra-patrimonial damage, given that we find ourselves in the second case, will be the discretion of the judges shall determine the amount of compensation it is why within the development of this research, which will be mentioned are the different factors and parameters that must conform to the judges when determining the amount of compensation for each case.