Las obligaciones solidarias en el sistema jurídico ecuatoriano: Análisis de los derechos de los codeudores que han extinguido las obligaciones frente al acreedor

Abstract

This thesis addresses joint and several obligations on Ecuadorian civil law, highlighting its fundamental role and practical challenges in the protection of co-debtors. Although law allows the creditor to demand the totality of the debt to any liable person, the lack of normative clarity and jurisprudential unconsciousness complicate the exercise of the right of recourse for those that comply with the obligation. The study reveals that co-debtors face obstacles to recover their part, generating patrimonial damages and distrust of the judicial system. The nature, effects and modes of extinction are analyzed, as well as the exceptions that the joint and several debtors can lodge. The investigation proposes solutions that reinforce the Ecuadorian legal framework, promote equity and improve administration of justice, considering the necessity of a legal reform to guarantee an integral recovery and reduce the financial burden over the compliant co-debtor.