Aplicabilidad de la indemnización de daños extrapatrimoniales en la responsabilidad contractual en el régimen jurídico ecuatoriano análisis del artículo 1572 del código civil

摘要

This thesis analyzes the applicability of the compensation of non-pecuniary damages caused by the non-performance of a contract, under Ecuadorean law. To this end, the thesis studies the principles on which the whole civil liability system is founded, whether contractual or tort, in particular the principle of full compensation of the damage. It also analyzes the unique characteristics of the non-pecuniary damages, and the function and nature of their compensation. This study leads to the conclusion that a contractual breach can cause a non-pecuniary damage which necessarily must be compensated in order to comply with the principle of full compensation and return the creditor to the position it was before the damage occurred. Ecuadorean legislation on non-pecuniary damages seek these damages to be repaired, whether they are caused by the non-performance of a contract or by the breach of the general duty of care common to all people.