La indeterminación del daño moral en la legislación ecuatoriana.

Abstract

Non-pecuniary damage is that suffering, damage or affectation suffered by a person in his extra-patrimonial rights, the product of an action or omission. In Ecuador, the Civil Code recognizes moral damage as that affectation that can be subject to compensation. The moral damage, the honor, the good name, the dignity, the feelings, the social consideration, the shame and the internal jurisdiction of the person who suffers it. Compensation is the repair, or satisfaction that aims to compensate for the damage caused. Non-pecuniary damage is difficult to determine because the assets that are violated are immaterial or extra-pecuniary. However, there are jurisprudential precedents that have established certain criteria to determine the measure of reparation in the case of delayed damage. It is possible to establish a certain pecuniary value by virtue of the suffering suffered by the person victim of the damage and whoever has committed the act has the obligation to assume the civil liability for compensation.