Doctrinal analysis of AI's electronic legal personhood and its reparatory impact in Ecuador

Abstract

Introduction: the advance of artificial intelligence poses analytical challenges for the non-contractual civil liability regime in Ecuador. Although the country has had ethical governance instruments and technical data protection standards since 2026, the substantive and procedural civil system lacks an electronic personality statute and a specific regime of liability for autonomous algorithmic damages. Objectives: the objective of this study is to examine the impact of this regulatory absence on the determination of liability for autonomous damages and on the constitutional guarantee of comprehensive reparation for victims. Methodology: the research uses a qualitative methodology, at a descriptive-analytical level, based on a documentary review of the doctrine and the current regulatory framework. Results: the results indicate that the traditional categories of guilt and causal link collapse in the face of algorithmic opacity (black box), subjecting victims to a diabolical probation that stresses effective judicial protection. Conclusions: it is concluded that the viability of electronic personality lies in its formulation as a legal fiction and technical imputation center. Its implementation requires articulation with a regime of objective liability for risk, algorithmic traceability, and mandatory insurance. General area of study: Jurisprudence / Law. Specific area of study: Law and new technologies. Type of article: narrative bibliographic review.