Análisis de la donación como contrato en el Código Civil Ecuatoriano

Abstract

Due to its legal nature, the inter-living donation is a civil contract due to the bilateral existence of the action required for its execution. In article 1402 of the Ecuadorian Civil Code it is classified as a legal act and not as a contract; the problem is that, having this term, there is an inconsistency in the legal precept, which has created a conflict of conceptualization character within the Ecuadorian legislature. This research is aimed at establishing the difference between these two definitions by means of a bibliographic analysis that allows the living donation to be legally supported as a contract and not as a legal act, which allows having a legal basis to propose a reform to this definition. and avoid legal loopholes for its misuse in any trial or legal process..