Examinando por Autor "Baculima Quito, Viviana Michelle"
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Ítem Acceso Abierto La discrecionalidad del juzgador civil al determinar en sentencia un daño moral y espedir la indemnización monetaria a favor del demandante.(Universidad Católica de Cuenca., 2022) Baculima Quito, Viviana Michelle; Palomeque Pesantez, Fabián Santiago; 0106397458The liability for moral damages is based on the so-called Law of Damages, a branch that has little development in the daily legal pragmatism in the Courts of Ecuador. However, the little applied has been sufficient to establish specific parameters when quantifying pecuniary compensation for damages. Nowadays, there are insufficient parameters; subsequently, this research briefly analyzed the background of moral damages in Ecuador. It could be corroborated that compensation for material damage is accessible to the extent as all the elements of civil liability are recognized. Nevertheless, when it comes to immaterial damages, the judge, having the amplitude that the law has conferred to him, can determine an unfair compensation. This may be unjust; therefore, it was oriented to analyze civil liability as a fact that generates moral damage, its elements, the damage, and causality to establish an objective panorama that a judge can use to issue a fair judgment with particular attention to causality. Therefore, it was analyzed that by applying such theories to moral damages, it is possible to establish the most objective compensation possible, disregarding human subjectivity. It is crucial because, based on these theories of causality, it is possible to establish jurisprudential precedents to achieve fair compensation or as close to reality as possible.
