Eficacia probatoria de los contratos electrónicos frente al formalismo procesal en el derecho ecuatoriano.

Abstract

The use of electronic contracting has led to substantial changes in legal relationships in Ecuador, particularly with regard to the steady increase in transactions carried out through digital means. However, the application of this legal figure in the judicial field still faces certain barriers, largely due to the persistence of formalistic criteria within the Organic General Code of Processes (COGEP). Although the Electronic Commerce Law recognizes the evidentiary validity of digital contracts, in practice additional requirements are still demanded, such as the submission of printed documents and/or certifications that, in most cases, are unnecessary. In this way, legal certainty is affected and, on occasion, effective access to justice is restricted. In light of this reality, both Ecuadorian constitutional jurisprudence and inter-American jurisprudence have emphasized the importance of judicial reasoning and the principle of functional equivalence as key foundations for adequate judicial protection. In this sense, it is essential to adopt a more rights-oriented interpretation of procedural rules, prioritizing the protection of fundamental rights and allowing a more coherent adaptation of the judicial system to the current technological reality.