Civil liability is a legal mechanism that allows you to demand reparation for damage caused by another, either within the framework of a contract or outside it. In Ecuador, this figure is contemplated for both contractual and non-contractual relationships. Its purpose is to ensure that anyone who suffers damage – whether economic, moral or physical – can obtain adequate compensation.
Types of civil liability
When the damage originates from the breach of a valid contract, we speak of contractual liability. If, on the other hand, the damage occurs without a contractual relationship – as in an accident, defamation or professional negligence – non-contractual liability is configured.
Requirements to initiate a lawsuit
For a claim for damages to succeed, it is necessary that the damage is real and verifiable, that there is a direct causal link between the defendant’s action and the injury, and that fault, negligence or intent can be proven.
Development of the judicial process
The affected person must file a well-argued civil lawsuit, supported by clear evidence and, in many cases, by expert reports that help quantify the damage. The judge will analyze the elements of the case and issue a sentence. Specialized legal advice is essential to correctly structure the claim and maximize the chances of success.
