El efecto de la nulidad de pleno derecho de las cláusulas abusivas en los contratos de adhesión bancarios

摘要

The purpose of this academic dissertation is to determine the nature of the null and void as result of abusive clauses, through a comprehensive analysis of Article 43 of the Organic Law on Consumer Protection. The inefficiency of the legal act in Ecuador consisted in the annulment of act or contract by court decision. However, the insertion of incurably void is against preset and legal institutions, consequently an ipso iure system have positive and negative effects on consumer protection. Bank contracts and abusive clauses have been prohibited by Resolutions of the Superintendence of Banks, and now by the Monetary and Financial Code.