Reparación del daño extrapatrimonial en Ecuador: más allá de la indemnización pecuniaria

Civil liability seeks the compensation of the victim for the damages suffered. This reparation, both in the case of pecuniary and non-pecuniary damages, has been reduced to a pecuniary compensation. This article focuses on the reparation of nonpecuniary damages, and argues that, depending on the legal asset affected in each case, these damages can be compensated through measures that will not necessarily have a pecuniary nature. On the other hand, this paper considers that pecuniary compensation is an ideal reparation when it is not possible to place the victim in the previous state to the damage. In order to achieve adequate compensation in these cases, this article addresses the different criteria that determine the compensation quantum in cases of extra-patrimonial damage and proposes some solutions applicable to the Ecuadorian legal system.