Relevance of the Breach of Contract as a Qualification to Enable the Action of Resolution: Application in the Ecuadorian Legal System

Abstract

With the purpose of analyzing the breach of contract as the enabler of the action of resolution, this study will set the following structure. Firstly, we will expose the general concepts of breach of contract and legal resolutive condition as the enabler of the action of resolution. Secondly, we will analyze the different trends conductive to determine the relevance of the fundamental breach of contract and establish when does this fundamental breach enables the action of resolution. Additionally, we will deepen into the different international instruments that regulate the fundamental breach, together with the respective case law. The aforementioned will help us study which doctrinal currents have been majorly acknowledged by different courts, and analyze their jurisprudential foundations. Finally, this study will allow us to find a viable solution for the raised legal issue within Ecuador´s legal system.