Eficacia y límites de las cláusulas de no modificación oral en Ecuador

Those who enter a contract express in its clauses how they want it to be performed. However, by virtue of the autonomy of contractual will, most contracts can be modified without any formality. To have certainty as to how the contract is to be performed, it is increasingly common to find contracts that include no oral modification clauses. In these clauses, the parties agree that the contract cannot be modified if the solemnities agreed upon by them are not complied with. This paper explores the legal nature, effectiveness and limitations of no oral modification clauses in the Ecuadorian Civil Code.