Reparación civil del daño moral en el Ecuador .

Abstract

To raise awareness of the issue of civil compensation for moral damage in which reparation is materialized through compensation in a pecuniary manner to the offended party, which is of a subjective nature and its foundation is found in the nature of the human being, understanding how incalculable the honor of the person since which is affected by an external echo, conduct that causes an injury to the physical and moral integrity; and in that sense the Ecuadorian legislation in order to give a normative framework that establishes the social peace of all its inhabitants has made a very important advance as it is the reform of the year 1982 through law 171 on the subject of moral damage by of the then Barragán deputy and that until now has allowed the victims of this crime can go to the judicial system to demand civil reparation, but in this same way there have been attempts to amend this law through fixations maximum ceilings of compensation that do not I thrive in the National Assembly, on the grounds that this legal figure has been misused to pursue or in an enrichment manner due to the fact that in some cases compensation has been established onerous and disproportionate, as is the case with the Universe that was well known in the Ecuador, where a civil compensation order was established through a compensation amounting to 40 to millions of dollars in favor of former President Rafael Correa; Understanding that the Ecuadorian legislation leaves to the prudence, experience of the judge and protected in principles like the one of the fairness, but these principles do not have to be green light for the arbitrariness..