Is compensation possible for the unilateral breakup of a courtship in Ecuador?

Abstract

This paper explores the controversy surrounding marriage as a contract and establishes that, although its obligations do not have patrimonial content, part of the doctrine and the Civil Code itself recognize it as such. This recognition shows that, as is common in this field, there is a pre-contractual phase, which in the case of marriage is acknowledged through the concept of courtship.

Thus, with a phase of negotiations in place, there are imperative duties to fulfill, such as the protection and custody of property, information, confidentiality, and —this work’s focus— not to abandon negotiations without just cause. Therefore, if the latter is not verified, one is faced with a case of pre-contractual liability, whose compensation will prosper provided that the following requirements are met: a legitimate expectation, rupture without just cause, damage and a causal link between the first and the damage.

Consequently, in a courtship that, according to the actions of the parties (partners or lovers), can be considered as preliminary negotiations for marriage, it is possible to request compensation for the damage caused, whether patrimonial or moral. Especially if good faith must be verified in each of the phases of a contract from its negotiation to its conclusion.