El equilibrio contractual según la teoría de la imprevisión por los efectos originados por la pandemia del COVID-19

The change in working conditions and the breach of obligations, due to the pandemic, has generated important economic and legal consequences that will result in disagreements between the contractors, in Ecuador the Theory of Unpredictability has not been considered until now in the legal system to unlike other laws such as Argentina and Colombia that seek to protect the contractual relationship in case it has been affected by external circumstances that could not have been foreseen at the time of contracting the obligation; which clearly frames the scenario experienced worldwide with the COVID-19 pandemic. This paper deals with the study of the contractual balance between employer and worker under the Theory of Unpredictability in Ecuador with the new economic, labor and legal conditions that govern the country as a result of the pandemic; the rules of its application are established, the precepts to be considered and the mechanism under which it should be applied. It is concluded that although it is true that a balance is sought that allows the fulfillment of the obligation without harming the parties, the well-being of the workers must be weighed since this activity is intended to allow them to have a decent life, not to enrich it or provide it for above their needs, they are also a large sector of the population to whom the economic development of the country is owed and who throughout history have achieved acquired rights that cannot be violated.

• Autor principal: Altamirano Valenzuela, Pablo David (author)
• Altres autors: Coloma Pardo, Emelia Isabel (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2022
• Matèries: Trabajo; Pandemia; Derecho; Contrato de trabajo
• Accés en línia: http://repositorio.ulvr.edu.ec/handle/44000/5471