Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador.

Abstract

Abstract: This work prior to obtaining a degree contains a doctrinal, jurisprudential, normative analysis and the use of sources of law necessary to determine the meaning of the motivation, from this premise we seek to analyze the first level judgment 11203-2021-04018 of civil matters, which in summary deals with an action for annulment of the act of voluntary recognition of paternity, proposed by a father against his alleged daughter, to which her ex-partner responds as legal representative, the plaintiff maintains that the lady when she was pregnant induced him to deceive by assuring him that the child that was on the way was his, consequently in good faith she accepted her responsibility and voluntarily recognized the minor, sometime later, due to different circumstances that the relationship faced, they decided to separate, however, paternity was left in doubt, to all this it is determined that the minor did not share any blood ties with the father, managing to prove that the act of voluntary recognition was affected by defects in consent, for which reason the claim is accepted in the judgment.