Incidencia de las cláusulas exorbitantes en los contratos modificatorios al contrato de prestación de servicios para la exploración y explotación de hidrocarburos para el estado ecuatoriano, en el ordenamiento jurídico ecuatoriano a partir del año 2009

The theory of exorbitant clauses was born in France, after the French Revolution on 1789, because France became a protector and sovereign state. In Ecuador, there are no laws or regulations restricting exorbitant clauses, but these clauses are effects produced by the administrative contract, regulated by the Statute of the Administrative Legal Regime of the Executive Function through administrative acts of simple administration, which by their nature are terms imposed by the State on an administrative contract for the benefit of Ecuadorian collectivity with public interest criteria. The exorbitant clause, arise of a legal disposition imposed for each kind of administrative contract model, prerogative that requires that the public administration insert the exorbitant clause in a contract that is going to be sign with the Ecuadorian State. An administrative contract must necessarily have an object of public interest which must be properly motivated by the government and signed by the competent authority that in turn externalizes the supremacy of the Contracting State and could not exist in contracts between natural persons or legal entities private. On the Contract of Service Provision for Exploration and Exploitation of Hydrocarbons, the exorbitant clauses are common and part of the discussion in the negotiations between the contractors companies and the negotiation teams designated by the competent authority and are the reason why many interested investors prefer to sign contracts with other countries, that by its sole discretion provide greater legal certainty. Hydrocarbons, especially oil, is a profitable industry for Ecuador, the latter represent a large percentage of economic income for the country, reason why it, the Ecuadorian State signs contracts with companies in the oil sector experience and technologies edge, willing to invest in the country at their own risk, using their investments in exchange for a pre tariff set by the contracting parties, which is payable by the Ecuadorian State per net barrel ...