La mala fe : nociones para el Ecuador.

Abstract

The current conception of the exercise of rights merits a restructuring of concepts. We have gone from the old “absolutism” of rights, following the French Revolution in the 18th century, to currently conceiving a principle of solidarity that is pursued by the legal system in order to guarantee peace and social coexistence. Therefore, the theory of the autonomy of the will and the famous phrase "we can do everything that is not prohibited by law" has remained in the trunk of memories. It turns out that there are limits imposed by law, aimed at punishing certain behaviors of the individual, such is the case, bad faith. This limit appears as a dam to prevent profit from illicit conduct (bad faith), for contravening the standard of conduct required by law based on good faith. In view of this, with great caution and care, the present work is born that seeks to develop the concept of "bad faith", from the Ecuadorian reality, as illegal conduct and sanctioned by law.