The The effect of the alterum non laedere in Ecuadorian legal system, ¿a general principle or a legal duty?

Abstract

Alterum non laedere, neminem laedere, also known as the duty not to harm, has historically generated discussions regarding its existence, recognition, and scope. The main critic made to this institution is about its incidence on the principle of legal certainty since its absolute recognition would imply that everything and any damage is compensable. On the other hand, if it were not recognized, the victims of unjust damages not typified would be left defenseless. Therefore, first, this article will seek to understand the alterum non laedere through its concept, historical development, and its main criticisms. Second, the legal nature of the duty not to harm will be analyzed to understand its scope. Finally, its recognition will be evaluated based on the Ecuadorian regulations and jurisprudence, in contrast to the system of Spain and Argentina. Thus, it is intended to give some lights to the application of alterum non laedere, in such a way that its maximum effectiveness is reached.