IMPREVISIÓN Y PACTA SUNT SERVANDA: OPOSICIÓN Y COMPLEMENTARIEDAD EN EL CONTEXTO CONTRACTUAL ECUATORIANA

Abstract

The theory of foreseeability is a fundamental legal concept that seeks to preserve the balance in contracts when unforeseen circumstances make their fulfillment excessively burdensome for one of the parties. Although Ecuadorian legislation does not explicitly address this theory, it is important to note that Ecuador is part of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which addresses similar principles. This study was conducted to fill the gap in Ecuadorian regulations and provide a deeper understanding of the theory of foreseeability. To achieve this, a documentary investigation was carried out, including the analysis of the historical and doctrinal evolution of the theory, its legal foundations, and its implementation in different legal systems, with a special focus on Ecuadorian regulations and the CISG. The study analyzes the relevance, origin, and implications of the theory of foreseeability in the Ecuadorian legal framework, emphasizing the need for meticulous and specific regulation to prevent abuse and ensure its application in truly exceptional circumstances.