Analysis of the ratification process of the unofficial agent in bilateral contracts in Ecuador

Abstract

Generally in Ecuador, in order to act on behalf of a third party, citizens have gotten used to granting a Power of Attorney, whether it be a General or a Special Power of Attorney to provide legal effectiveness to a contract or a will declarative act; acting as attorney-in-fact or principal, whichever the case is, the intention of the Ecuadorian citizen is to always do things in a legal manner, when in reality, legality arises from the will of the people who enter into contracts by themselves or a third party. The issue regarding the unofficial agent, its ratification and civil actions that can be exercised by both the principal and agent, has its origin to fund accurately this legal institution in the contracts that can indeed be entered into, because in civil matters, a contract can be entered into with the contracting party not necessarily being present but the attorney in fact being there, but what happens if a contract is entered into without the express authorization of a person which does not appear to the written contract application, then shall the contract be invalid o void because of the lack of acceptance, or can it be stipulated in favor of a person without power and the act be valid?; thus, full knowledge of the aforementioned legal institution, its procedures and legal consequences is required.