Autonomy of the Action for Damages for Breach of Contract

Application in the Ecuadorian Legal System

Abstract

In the following article, an analysis of the possibility of claiming autonomously the action of damages in the Ecuadorian contractual system will be made. This legal problem does not have a clear legal outlet, therefore, this study will present the different doctrinal positions in our legal system. In order to do this, the work will be structured as follows: firstly, to understand the relevance of the legal problem raised, the concepts of resolutive condition, contractual liability and compensation for damages will be explained. Second, the different doctrinal trends on the subject will be discussed. Also, we will analyze the traditional position of Ecuadorian jurisprudence and the modern trend adopted by judges in Chile. Finally, in order to understand the international criterion, the United Nations Convention on the International Sale of Goods will be examined. Finally, conclude and propose a solution.