La costumbre mercantil como fuente del derecho en el Código de Comercio.

Abstract

The intention of this research is to analyze the Commercial Customs as a Source of Commercial Law determined in the Ecuadorian legal system, a study that corresponds to the validity of the new Commercial Code published in the Official Registry supplement No. 497 of May 29, 2019. In the updating of the Commercial Code, the commercial custom was reformed, increasing its value within the Ecuadorian legislation. However, since it implies an advance in the development of commercial activities, questions arise with respect to its reliability as evidence in judicial proceedings, in what way can it be achieved to replace the silence of the law and what means should be required for the control of commercial customs that are in force or in disuse. As the genesis of the development of the work, the background of commercial customs in the world and their acceptance in Ecuador will be taken into account, following a comparison with the current Commercial Code and the already repealed one to identify the progress that the National Assembly has chosen due to its enactment, and subsequently a comparison with foreign legislation identifying the normative, doctrinal and jurisprudential bases of its application, concluding with a solution of how to balance the application of the norm and how an efficient drafting of article six of the Commercial Code could be.