Cláusulas abusivas en los contratos de consumo en Ecuador : protección del consumidor y principios regulatorios.

Abstract

In virtue of the historical evolution of the law, as well as the processes of globalization of the world and the establishment of a consumer society, it arises the need of protecting users and consumers against situations that represent an imbalance or detriment to their rights due to the status that they portray. Currently, consumer contracts are seen as mass acts, which is why, many times, they have predetermined clauses that can cause a severe harm to the people that make part of this protected group. In an effort to protect this group and limit the abuse of power from suppliers, the legislator has tried to regulate this phenomenon. However, since there is a legal vacuum regarding the regulation of consumer or adhesion contracts in the Ecuadorian legal system, the urgency of establishing a delimited regulatory framework enters into the picture, in order to provide real protection to users and consumers of goods and services against unfair terms.