Criterios del daño moral en el ordenamiento jurídico ecuatoriano

Abstract

This research article consists of exploring and unifying the theoretical bases of non-pecuniary damage under the perspectives of different doctrinaires at the national and international level, for this, as the main objective, the analysis of the configuration of non-pecuniary damage and possible reparations measures will be addressed. with main focus on the Ecuadorian legislation. Using a qualitative and documentary study for the elaboration of a theoretical base referring to moral damage; the use of exegetical, descriptive, analytic-synthetic, comparative and hermeneutical methods. Concluding, that although it is true that in Ecuadorian legislation as such it is not defined that it is moral damage, from Title XXXIII “Of Crimes and Quasi-crimes” of the Civil Code, it can be seen in article 2232, third paragraph, that “ Reparation for non-pecuniary damages may be sued if such damages are the result of the defendant's unlawful action or omission, leaving the judgment of the judge to determine the value of the compensation (…) ”, however, it is important to note that the judge must have a clear idea what the plaintiff of the action intends, and for this the victim must detail his claims in the lawsuit in the respective part of "amount", and in this way, the interests of the affected part.