Responsabilidad civil por daño causado por animales. Análisis del artículo 2226 del código civil ecuatoriano y su naturaleza jurídica.

Abstract

Introduction: Civil liability arising from damage caused by animals is an issue of growing importance in contemporary law, particularly due to the increasing coexistence between humans and domestic or farm animals, as well as the expansion of activities involving animals. Although the legal provision establishes a duty to provide compensation, it does not clearly define the legal nature of the applicable liability regime. This ambiguity has generated doctrinal debate as to whether the regime should be classified as strict, fault-based, or presumed liability. Objective: To analyze the impact on legal certainty for both victims and animal owners or custodians caused by the ambiguity of Article 2226 of the Ecuadorian Civil Code regarding the type of civil liability it establishes (strict, fault-based, or presumed). Methods: This study employs qualitative, analytical, comparative, and documentary methods to conduct an in-depth examination of Article 2226 of the Ecuadorian Civil Code and its implications for civil liability arising from damage caused by animals. Conclusions: This research provides a systematic analysis of civil liability arising from damage caused by animals under the Ecuadorian Civil Code, with particular emphasis on Article 2226 and its impact on legal certainty. Based on theoretical, normative, and comparative analysis, this study reaches significant conclusions that confirm the proposed hypothesis and underscore the need to strengthen the current regulatory framework. Keywords: civil liability, damage caused by animals, legal certainty, Ecuadorian Civil, Code, presumed fault