Una aproximación conceptual del daño y su importancia en el dies a quo de la prescripción de la acción en la responsabilidad extracontractual. Una propuesta necesaria respecto del artículo 2235 del Código Civil ecuatoriano
In Ecuadorian Law, article 2235 of the Civil Code offers an answer regarding the accounting for the statute of limitations in the action for torts. However, the rule generates a discussion when certain cases are not covered or protected by the classical interpretation. The foundational interpretativ...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8327692 |
| Source: | Revista chilena de derecho privado, ISSN 0718-0233, Nº. 37, 2021, pags. 231-271 |
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| Summary: |
In Ecuadorian Law, article 2235 of the Civil Code offers an answer regarding the accounting for the statute of limitations in the action for torts. However, the rule generates a discussion when certain cases are not covered or protected by the classical interpretation. The foundational interpretative rule understands that the calculation of the prescription must be from the verification of the wrongful act, understanding that the act has been perpetrated there. Nevertheless, this provision does not contemplate all types of damage, specifically hidden damage, and continued damage. This generates a conflict between the rule of the Torts Law that all damages must be compensated against the security in the legal relationships that the Statute of limitation seeks. Therefore, it is necessary to delimit the concept of compensable damage to understand and know how these types of damages have been conceived according to their consummation in time from an Ecuadorian conception. Accordingly, it will be possible to analyze the statute of limitation and how it has acted in case law and comparative law. In which, there is already a solution that determines the beginning of the statute of limitation in each case of hidden damage and continuing damage. In this way, a current solution will be proposed for the calculation of the statute of limitation in Ecuador. |
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