Administrative quasi-contract: obligation in public law and the principle of legality in Ecuador

Abstract

This article analyzes the quasi-administrative contract as an atypical source of obligations in Ecuadorian public law, emphasizing its tension with the principle of legality. The following methods were used to arrive at these results: analysis-synthesis, which enabled the concepts of interest to be broken down into essential aspects and identified regularities, and synthesis, which allowed for a comprehensive view of them; content analysis, which analyzed articles, regulations, laws, and research reports related to the object of study. Meanwhile, exegetic-analytic analysis allowed for a doctrinal and jurisprudential examination of unjust enrichment and the actio in reverso as mechanisms for redressing unjustified patrimonial imbalances when a service is provided to the Administration without a formal legal relationship. Finally, limits and interpretative proposals are proposed to guarantee legal certainty without sacrificing principles of substantive justice.Keywords: Administrative quasi-contract, Public law, Principle of legality, Doctrinal examination, Jurisprudential examination.