Determinación de la reparación individual del daño moral en el ordenamiento jurídico ecuatoriano.

Abstract

The objective seeks to analyze the factors that influence the judicial determination of reparation for moral damage to the victim according to Ecuadorian legislation. When verifying the veracity of the omission or illegal act, the damage must be compensated, guaranteeing the right to reparation, although its evaluation is discussed, since it will depend on the judge's criteria for the most appropriate decision, in accordance with the provisions of the Constitution, the Civil Code and other laws essential to justice in our nation. The appropriate judge must use criteria based on values and principles with due interpretation of the rules, principles and jurisprudence. Therefore, in the face of legal gaps or inaccuracies, it is crucial to consult other sources of law such as jurisprudence, comparative law and doctrine that offer arguments that guide the investigation and allow the legal problem to be resolved.