Vacíos normativos en la regulación de los activos virtuales incorporados en contratos electrónicos en Ecuador, análisis comparado con Colombia.

Abstract

This study analyzes the legal dilemma posed by the use of virtual assets in electronically concluded contractual relationships in Ecuador. Even though making online contracts is already legal in our country, the real trouble starts when people want to pay using these digital goods. Right now, commercial laws don't explain how to calculate that price, when it should be delivered, who watches over them, or whose fault it is if the computer platform crashes. To find a way out, this paper reviews Ecuador's regulations and compares them with those of other countries. Specifically, we analyze Colombia's Decree 1234 of 2020. They created temporary spaces to test new financial technologies safely. This teaches us that the government can monitor these businesses without making cryptocurrencies official. Based on that, the thesis proposes reforming Ecuadorian commercial law to make risks, data care, and compensation very clear. The final goal is to provide security to those who sign the contract, while strictly respecting the duties of the economic authorities.