CLÁUSULAS ABUSIVAS Y DERECHOS DE LOS CONSUMIDORES EN ECUADOR

Résumé

Abusive clauses are one of the most frequent vices in adhesion contracts, which are defined as those where one of the parties limits itself to accepting the clauses drafted by the other, without the possibility of modifying them or negotiating at some point that is unacceptable. Consequently, it is recurrent that some of these imposed clauses are abusive, by imposing conditions that the affected party would not accept voluntarily and in a contractual relationship based on the principle of equality. In the case of the rights of consumers, these types of clauses violate their rights recognized in the Constitution and the laws, where both prohibited clauses are foreseen that, if they appear in the contract, they will be understood as non-existent, and abusive clauses whose existence must be demonstrated in an administrative and judicial process. In this review article, a systematization of the two types of clauses mentioned is made, both theoretically and normatively, to highlight the effects that they cause to consumers in Ecuador.