Quasi-contractual civil liability in Ecuador: a contractual or non-contractual determination?

Abstract

Ecuadorian law has obeyed the traditional binary classification of civil liability, regulating contractual and extra-contractual liability. There has been a tireless debate regarding the scope of application of each one. This discussion, both doctrinal and jurisprudential, leaves a legal vacuum as to the regime applicable to the hypothesis of damages derived from the breach of quasi-contractual obligations. The purpose of this article is to study the delimitation of the scope of contractual and tort liability under the Ecuadorian legal system, by means of a systemic and comprehensive analysis of the norm. It also analyzes the application of the majority and predominant doctrine on quasi-contractual liability under the Civil Code, where it is concluded that quasi-contractual liability in Ecuador should be governed under the rules of the contractual regime.