Abordaje : culpa compartida y responsabilidad por daños.

Abstract

The present investigative work is aimed to analyze the treatment given by the Ecuadorian law to the maritime incidents that take place in territorial waters, concretely referring to collisions between vessels, where damages have occurred. The former constitutes one of the most frequent risks that shipowners and marine operators face during the development of maritime navigation. Punctually, it is intended to study proposed solutions related to this topic, that are put forward in national law and international convention duly ratified by the Ecuadorian government. The purpose then, is to determine if these proposals satisfactorily respond to arising problems within the practice of marine transportation, or, to the contrary, no clear of efficient solutions are found, generating uncertainty and juridical insecurity for the individuals facing the conflicts and consequences deriving from collisions.