Aplicación de la acción de daños y perjuicios de manera autónoma, como un mecanismo de reparación en los contratos bilaterales

Abstract

Contract law originates from the enforcement of consumer rights. In developing these procedures, modern doctrine supports the view that the action for damages is autonomous—an interpretation that complicates the creditor's full compensation. This study aimed to analyze the criteria of the Chilean Supreme Court and its evolution. To this end, it is proposed to determine how the action for damages, when applied autonomously, could function more efficiently as a contractual reparation mechanism and how the procedure for claiming this action is established under Ecuadorian regulations. A systemic socio-legal methodology was applied, supported by the exegetical method. The law of damages, and consequently, the compensation system for damages, requires establishing criteria, instruments, or mechanisms for valuing and liquidating essential assets or guarantees. There are no grounds to deny the autonomy of compensation for damages concerning other legal protection mechanisms, whether interpreted as the original breach obligation or as a new one.