Falta de norma específica en la responsabilidad civil extracontractual de docentes en instituciones particulares.

Abstract

The objective of this paper is to study the legal gap in the Organic Law on Intercultural Education regarding the extracontractual liability of teachers and educational authorities in the event of accidents or harmful events that may occur within the institution. The Organic Law on Intercultural Education establishes the rights and duties of students, teachers, and even administrators, but does not consider mechanisms for the degree of liability when a student suffers harm on said educational premises.

In response to this omission, recourse is had to Article 2220 of the Ecuadorian Civil Code, which establishes liability for the acts of others, recognizing that certain persons—such as those who care for others—are civilly liable for damages caused by the latter. Thus, the duty of care that falls upon teachers and administrators is analyzed, in their capacity as guarantors of student safety during their stay at the institution. This thesis suggests a doctrinal, jurisprudential, and regulatory analysis on the aforementioned topic. It is important to note that the existence of a legal gap poses a risk to the protection of minors and legal certainty in the education sector. It also raises the need to harmoniously interpret the legal system, thereby integrating civil liability, the right to education, and personal integrity. Finally, it is important to expressly integrate liability regulations into the LOEI (Legal and Administrative Law of the Spanish Autonomous University of Madrid) to strengthen harm prevention, protect students' rights, and assign teachers responsibilities.