Civil Law · Ecuador

CivilLitigationand counsel for your company.

PreventNegotiateLitigate

We protect your company in contracts, collections, property and damages claims, from negotiation through trial. We prepare every case with solid evidence and, when needed, with the investigators and expert witnesses of Fextor.

01 / Why Fexlaw

Behind every civil lawsuit there is a contract, an asset or a payment that your company needs to protect with solid evidence. That is why we prepare every case as if it were going all the way to the court of last resort.

ISO 37001Firm certified in an anti-bribery management system.
Great Place to WorkCertified as one of the best places to work.
0professionals, including lawyers, analysts and forensic experts.
0of our clients are corporations.
02 / Life cycle of a case

From the contract to the judgment.

We support your company at every stage of a civil matter: before the dispute arises, during negotiation and, if necessary, at trial and on appeal.

  1. 01Prevent

    Clear contracts

    We draft and review contracts that reduce the risk of disputes and make collection easier if something goes wrong.

    • Sales and supply agreements
    • Collateral
    • Dispute resolution clauses
  2. 02Investigate

    Due diligence

    Together with Fextor, we vet the counterparty and locate addresses and assets before filing suit.

    • Counterparty background checks
    • Asset tracing
    • Address tracing
  3. 03Negotiate

    Amicable settlement

    We first seek an agreement through formal demands, negotiation or mediation, when it serves your company.

    • Notarial demands
    • Direct negotiation
    • Mediation
  4. 04Sue

    Claim or defense

    We file the claim or answer the one brought against your company under the COGEP, with all evidence disclosed up front.

    • Complaint and answer
    • Defenses
    • Documentary and expert evidence
  5. 05Litigate

    Hearings

    We defend your position at hearings, with examinations, expert witnesses and technical reports.

    • Preliminary hearing
    • Trial hearing
    • Expert witnesses from the firm and Fextor
  6. 06Enforce

    Appeals and enforcement

    We file or answer appeals and, once a favorable judgment is issued, pursue its enforcement.

    • Appeal and cassation
    • Motions for revocation and clarification
    • Enforcement of the judgment
03 / Services

Civil law at your company's service.

We handle the civil matters that affect companies most: contracts, collections, real estate and damages claims.

01Advisory

Contracts

We draft, review and negotiate your company's contracts, and advise you when the other party fails to perform.

  • Drafting and review
  • Negotiation
  • Breach of contract
02Advisory

Investigation and due diligence

Together with Fextor, we investigate the counterparty and locate assets and addresses so that legal action is effective.

  • Counterparty verification
  • Asset tracing
  • Address tracing
03Litigation

Civil claims and defenses

We represent your company as plaintiff or defendant in civil proceedings under the General Code of Procedure, at hearings and on appeal.

  • Ordinary and summary proceedings
  • Hearings
  • Appeals
04Litigation

Compensation and damages

We pursue or defend your company in claims for damages and moral damages, with technical and expert evidence.

  • Actual damages and lost profits
  • Moral damages
  • Expert evidence
05Property

Adverse possession (acquisitive prescription)

We defend your company's property against adverse possession claims, or bring them when appropriate.

  • Defense of ownership
  • Documentary and witness evidence
  • Inspections and expert appraisals
06Collections

Debt collection

We recover debts arising from unpaid invoices, contracts or negotiable instruments, first through amicable means and then in court, with the support of our Debt Recovery practice.

  • Notarial demands
  • Executory and payment-order proceedings
  • Precautionary measures
04 / Experience

Thousands of cases stand behind us.

Our civil team works alongside the firm's mediation, collections and investigations practices, so that every case has the strategy and evidence it needs.

5,000+ cases

More than 1,000 people represented in civil proceedings.

Handling more than 5,000 cases has been our best school. That experience allows us to anticipate how a lawsuit will unfold and to prepare the evidence from day one.

Contracts

Drafting, review and breach.

Mediation

Amicable solutions before trial.

Due diligence

Assets and addresses, with Fextor.

Claims and defenses

Civil proceedings under the COGEP.

Damages

Compensation and moral damages.

Real estate

Adverse possession and defense of ownership.

Debt collection

Unpaid invoices and negotiable instruments.

Appeals

Appeal, cassation and revocation.

05 / Experience

Cases that define us.

Matters we have worked on, described without revealing our clients' identities.

Petroleum products distributorUSD 195,869.75recognized plus interest

Collection of invoices for asphalt sales

Faced with non-payment of invoices for asphalt sales, we sent notarial demands and brought legal actions that concluded with recognition of the amount owed plus interest.

Debt collectionNotarial demands
One of the country's most prominent chambers of commerceClaimdismissed

Defense of ownership of two plots of land

We defended our client's ownership against an extraordinary acquisitive prescription (adverse possession) claim. The claim was dismissed thanks to documentary, expert and witness evidence, with expert witnesses from the firm and Fextor.

Adverse possessionExpert evidence
Multinational transport and logistics companyUSD 500,000claimed, lawsuit dismissed

Defense against a damages and moral damages claim

We defended the company in a USD 500,000 claim for damages and moral damages. The claim was dismissed for lack of evidence.

DamagesCivil defense

Every case is different. Results in previous matters do not guarantee a similar outcome in other cases.

06 / How we work

One team, one point of contact.

01

Initial meeting

We listen to your situation in full confidence and review the information available.

02

Assessment

We identify risks, outstanding obligations and priorities for your company.

03

Plan and budget

We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.

04

Execution and follow-up

A lead lawyer coordinates everything and keeps you clearly informed at every step.

07 / Recognition

Six consecutive years in Band 1.

Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.

08 / Team

The people behind your case.

Trial lawyers with extensive experience in civil proceedings, contracts and mediation, backed by the investigators and expert witnesses of Fextor.

Anabel Racines Trávez, Head of the Civil, Administrative and Litigation Practice — FexlawPractice lead
01Anabel
01 / 04Anabel
Racines Trávez
Head of the Civil, Administrative and Litigation PracticeView profile →
Paul Vinces Franco, Deputy Coordinator, Civil and Arbitration Practice — Fexlaw
02Paul
02 / 04Paul
Vinces Franco
Deputy Coordinator, Civil and Arbitration PracticeView profile →
Andrea Casa, Legal Assistant — Fexlaw
03Andrea
03 / 04Andrea
Casa
Legal AssistantView profile →
David Moya Secaira, Legal Assistant — Fexlaw
04David
04 / 04David
Moya Secaira
Legal AssistantView profile →
09 / Frequently asked questions

What clients often ask us.

General answers to common questions. Every company is different: write to us so we can review your situation.

01

What should I do if a customer does not pay its invoices?

Start by reviewing the documents that support the debt and sending a formal demand. If payment is not made, depending on the type of document and the amount, an executory, payment-order (monitorio) or ordinary proceeding can be filed, and precautionary measures can be requested to protect collection.

02

How long do I have to sue to collect a debt?

As a general rule, the Civil Code provides that executory actions are time-barred after five years and ordinary actions after ten, although special time limits apply depending on the type of obligation or instrument. The sooner you act, the better the evidence is preserved.

03

What is adverse possession (acquisitive prescription)?

It is a way of acquiring ownership of property by having possessed it for the time and under the conditions required by law. If someone files this type of claim over real estate owned by your company, it is important to respond on time and with evidence of possession and ownership.

04

How long does a civil lawsuit take in Ecuador?

It depends on the type of proceeding, the court's caseload and the appeals that are filed. The COGEP structures proceedings around hearings, which speeds up the process, but no timeline can be guaranteed. We will give you a realistic estimate when we review your case.

05

Can a civil dispute be resolved without going to court?

Yes. Direct negotiation and mediation make it possible to reach binding agreements in less time. Our Mediation and Arbitration practice supports you along that path when it serves your company.

CONTACT

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Offices in Quito · Guayaquil · Bogotá · Lima
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