Cuantificación económica de la indemnización por acción de daño moral

Abstract

Abstract:One of the most complex and least studied issues within the law of tort is non-pecuniary damage, for there is no doctrine or jurisprudence that regulates the establishment of the economic quantum as compensation, much less as a figure of comprehensive reparation. The objectiveis in being able to repairthe pain of a person, translatingan intangible element, into money. Our legislation considers the importance of the judicial analysis in court to determine the economic value of the affected property, since the judge will need more than his judgment and prudence to achieve a true reparation. From the reading and analysis of Jurisprudence issued by the National Court of Justice of Ecuador, it stands out that there are no consolidated criteria, unlike countries such as Spain or the United States, which have developed calculation systems that could be adapted to the Ecuadorian reality, helping judges to obtain more realistic quantifications and fairer compensation to the procedural parties.Possible solutions have been developed, seeking to adapt the judicial system and establishing its effectiveness through analytical-synthetic and historical-logical methods.