La prestación irrisoria prevista en el código de comercio: alcance y análisis crítico

Abstract

The comercial code issued in the year 2019 has contributed a significant and new figure in the Ecuadorian legislation: the derisory perfomance. This consists in the possibility of avoiding loss of benefits of commutative contract for lacking of equivalence; nevertheless, the problem that presents with this new figure is the incompatibility of effects that produces a non-commutative contract, well it does not allow the highlights of the short coming of the time of applying the provisions of the derisory perfomance to identify when the rescission applies and when the resolution of the contract subsequently finds a solution that allows the correct application of Article 217 of the commercial code. Even more so the commercial code despite it is flaws over the derisory perfomance allows to reach that should also indulge in the civil code is the possibility of terminate a contract by huge damageof contracts over movable property, as well the possibility of the interest correction by judge