Incongruencia de la acción de daños y perjuicios y su improcedente indemnización según el código civil ecuatoriano

Abstract

The figure of the action of damages has arisen for many years, in which the damage caused by one person to another, was not granted any responsibility to repair it; On the other hand, at present, through the imposition of this action in Ecuadorian legal regulations, the responsibility of the author who causes the damage to repair it has been reflected, through the respective compensation that aims to provide compensation for the damage to the person who was generated. This is why in order to prove the existence of damage, there must be a causal link to determine the events that occurred and what reparation can be provided to the person who caused it, which is why process number 01333 was selected as a study. 2016-09461, in which the plaintiff files an action for damages to the two defendants, but the competent judge declared said claim inadmissible because the object on which the process was based was not suitable for it to be configured. this action, and therefore declared that both defendants would not have the right to repair a damage that has not been proven by the plaintiff, in addition, a comparison was made with sentence number 225-14-SEP-CC, in which made it possible to know what the lawsuit was caused by the fulfillment of all the requirements established in the Ecuadorian civil code, for which the judge considered declaring appropriate. It is for this reason, that the same Ecuadorian code emphasizes article 1572, about the way in which compensation should be made for damages caused, considering the consequential damage and loss of earnings, because the principle of comprehensive reparation must be respected. as established by our Magna Carta and other Ecuadorian laws on the basis that there must be reparation for the damage that has been done, either in a malicious or culpable way by the author, but as long as it is proven who has been the culprit of the illicit act that has occurred, which may consist of financial compensation or the respective apologies, which will depend on what the plaintiff considers necessary for the compensation of the injury caused and also that this process that must govern in what the General Organic Code of Processes that is embodied through the ordinary procedure indicated in article 229, but this case study, in The fact that the judge did not give rise due to the lack of compliance with the requirements in the lawsuit and because part of this action was not configured, is the reason why the plaintiff had to establish other alternatives to configure the damage that they caused, such as the complaint for injuries, slander and insults, our country always includes conciliation as an alternative method for the resolution of a conflict in order that it is resolved through the decision of both parties and an agreement can be reached as expressed by the same constitution, this being a procedure considered fast and effective.