El incumplimiento contractual como fuente de responsabilidad civil y su tutela en el proceso.

Abstract

This article is based on the recognition of contracts as a central mechanism of civil relationships and as an essential instrument for legal certainty, particularly when one party breaches its obligations and civil liability arises as a remedial response. The objective of this research is to analyze contractual breach as a source of civil liability under Ecuadorian law and its protection within civil proceedings, identifying the tensions between substantive law, due process, procedural congruence, and the effectiveness of damages. The methodology was based on a legal-analytical approach, with a review of doctrine, regulations, and jurisprudence, through the study of the Civil Code, the General Organic Code of Procedures, the Constitution of the Republic of Ecuador, and relevant rulings of the National Court of Justice and the Constitutional Court. This analysis has allowed us to demonstrate that breach of contract not only generates financial consequences but also requires a proper procedural structure, well-defined claims, sufficient evidentiary activity, and a judicial interpretation focused on safeguarding the creditor's right to effective legal protection, ensuring that the creditor is not further harmed beyond what they already suffer due to the other party's breach. Furthermore, it is shown that contractual compensation can sometimes be limited, since the principle of congruity is applied in an excessively formalistic manner, hindering the reparation of damages due to the excessive time required by procedural formalities. It is concluded that contractual civil liability can be considered a legal remedy when the process is not tedious and overly formalistic, thus allowing for a real solution for the affected party. This requires that due process not be reduced to mere compliance with formalities, but rather function as a substantive guarantee, capable of producing reasoned, coherent, and enforceable decisions, without losing sight of due process and legal certainty.