Enriquecimiento injustificado privado como método de cobro de las obligaciones en el Ecuador.

Abstract

In Ecuador, there are certain methods or processes that must be followed for the collection of obligations, among these is the private unjustified enrichment. The present work is a research, which proposes the study of the private unjustified enrichment as a method of collection of obligations in our country. The research determines the meaning and origin of unjustified enrichment, the elements through which this tool is configured, its characteristics, the manner in which it is regulated in our country and a comparison is made between our legislation and foreign legislation. It discusses its beginnings, how it has evolved over time and in which specific situations it is appropriate to use it. In addition, it is analyzed how this collection method is not so well known to collect unpaid obligations in our country. It is also analyzed, within which legal bodies can be found the basis for using this method of collection and the confusion caused by the typification of this purely civil institution within the Organic Integral Penal Code in Ecuador.