El pago ex gratia vs el pago de lo no debido en la legislación ecuatoriana

Abstract:

In the present monograph it is approached two payment types, the payment of the no due grateful as a cuasicontrato in the civil environment and the gratia payment that it is used by habit in the daily chore in the mercantile environment concretely in sure, due to the lack of regulation of the gratia payment but to their real existence in the juridical world is necessary to find the applicable positive norms to this figure, the same as to know how to differentiate it of the payment of the no presently by it work it is analyzed what norms of the civil and mercantile environment they are applicable to the gratia payment, normative that should be observed in the case of being presented juridical inconveniences to give security to the citizens that can be it turns in problems related with this payment type; in fact to elucidate the application and regulation of both juridical figures is analyzed a real case where the administrators of justice solve a payment of the no due under the argument of being a gratia payment.

Año de publicación:

2016

Keywords:

• Donacion Remuneratoria
• Libertad Contractual
• Principio Indeminizatorio
• Derecho mercantil
• Pago Ex Gratia

Fuente:

rraae