Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Abril Núñez, Paola AnabelHas files: Yes

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    El principio Pacta Sunt Servanda y la resolución de contratos en el Ecuador. Análisis de la sentencia caso: 18334-2022-05500
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01) Abril Núñez, Paola Anabel; Vayas Castro, Guillermo Santiago
    This research paper addresses the principle of Pacta Sunt Servanda in relation to contract termination in Ecuador. This principle is the cornerstone of contract law, which establishes that agreements must be fulfilled as agreed by the parties. This principle is of great importance in the current legal context, especially in Ecuador, where contractual disputes and their resolution demand adequate judicial interpretation that respects the will of the parties and protects legal certainty. The research was conducted under the guidelines of social and democratic establishment and focused on the analysis of case 18334-2022-05500, resolved by the Civil Judicial Unit of Ambato, as a representative example of the application of this principle. A mixed methodology was used: qualitative, through interviews with expert judges; and quantitative, through surveys administered to 349 lawyers from Tungurahua, complemented by doctrinal, normative, and jurisprudential analysis. The scientific innovation lies in the identification of the practical limits of the Pacta Sunt Servanda principle, especially in the face of exceptions such as the rebus sic stantibus clause, and in the proposal to strengthen the technical quality of civil contracts as a conflict prevention mechanism. Finally, it is concluded that, while this principle is fundamental in the Ecuadorian legal system, its application must be balanced with other principles such as good faith, equity, and, above all, voluntariness, to ensure a fair contractual resolution, especially when both parties incur breaches that prevent the execution of the contract on its proper terms. Keywords: