Aplicación de la teoría de la imprevisión del derecho civil ecuatoriano.

Abstract

The legal vacuum existing in our civil legislation entails a legal problem when deciding on the possibility of requesting the readjustment of the price or the termination of the successive tract contract when faced with an event that doesn´t preclude the execution of the benefits, but which, if it increases its onerousness in an unpredictable and unpredictable manner, but this problem increases when our civilist conception is based on the principle pacta sunt servanda that is incorporated expressly in our civil code, so it is very important to state that the theory of unpredictability is not an exception to the pacta sunt servanda, since, inescapably, it is a complement to it, so it is necessary that its inclusion be made in the normative body. Likewise, it is necessary to clarify within the Ecuadorian procedural system, which is the most suitable way that allows us to make use of this mechanism without altering its nature or creating procedural obstacles that delay its execution and slow down the full exercise of contractual relationships.