The development of maritime law in Ecuador is divided into three virtual stages. The first stage constituted the application of the law coming from the times of the Spanish conquest in which the Bilbao Ordinances of 1737 were mainly applied and which continued in force after the independence process according to the Constitution of Cúcuta of 1821. Furthermore, in 1830, after Ecuador separated from Gran Colombia, it decided to adhere to the principles of the first Spanish Commercial Code of 1829.
The second stage constituted the issuance of its own Codes of Commerce, beginning in 1878, which included provisions on maritime commerce, and continuing with new codifications in 1906 and 1960, although they did not really reflect many changes in maritime matters. Likewise, in this stage, regulatory norms on maritime police were dictated, including jurisdictional capacity.
Finally, the third stage began with the 2008 Constitution, which reduced the jurisdictional capacity of Port Captains and Juries of Captains in a confusing transition that was solved with the issuance of a new Commercial Code in 2019 and the new Organic Navigation Law in 2021, constituting a dramatic modification of commercial and regulatory legislation to adapt to new times and strategies.
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Dr. Leonidas Villagran, LL.M.
Dr. Leonidas Villagran, LL.M.Professor of the Master's Degree in Maritime Law, Ports and Customs UEES.
