El enriquecimiento injustificado como fuente autónoma de obligaciones

Abstract

n our country there are several sources of obligations, including unjustified enrichment. In

the present monograph this principle is addressed as an autonomous source of obligations in the Ecuadorian legal system, which, despite not being positive in the Civil Code, has already been recognized in several Judgments of the National Court of Justice and it is proposed as a valid means for the repair of the patrimonial balance. Becoming necessary to create the relevant legislation to facilitate its application. This research paper analyzes the meaning and origin of unjustified enrichment, the elements through which this tool is configured, its characteristics, the way it is regulated in our country and how it should be. It also analyzes which norms of our legal system refer to this principle and what the jurisprudence has built around it, to reach the conclusion that its positivization and development in the legal system would allow us to make use of this valuable tool to the collection of obligations.