La aplicabilidad de la lex mercatoria en los contratos comerciales entre empresas extranjeras y ecuatorianas.

Abstract

The Lex Mercatoria has always brought with it a great dilemma, the consideration of being only a dispositive norm and not mandatory by itself. In this context, Ecuador is also part of it, being a threat to the legal certainty of the contracting parties, by not ruling on the applicability of this rule. This research highlights the lack in Ecuadorian legislation, the correct use of the lex mercatoria within the Ecuadorian State and its scope; through legal, documentary and applied research. It was found that the Lex Mercatoria is legitimate and its application is viable in the Ecuadorian international commercial environment, but it needs state support for its compliance or compensation. Therefore, we are faced with a commercial need to assimilate this rule into Ecuadorian legislation to provide legal certainty to contractors.