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

Abstract

Abstract: The present research work refers to the study of a judgment of Extraordinary Acquisitive Prescription of Ownership, it is based on the technical motivacion of a judgment issued by the Civil Judicial Unit of the Loja canton, province of Loja. In this context, the objective is to analyze if there is a motivational deficiency and defects in the motivation and to determine which were the underlying reasons that led to the conclusion of conferring the property against the registered title to the plaintiff who seeks to be declared the adquisitive prescription of ownership for having had a peaceful, quiet and uninterrupted possession with the spirit of lady and owner for about twenty-one years, in my opinion, according to the meticulous analysis that was carried out, there was no apparent deficiency in the motives or apparent motive defects, since in the judicial decision there us a direct contrast between the normative and factual grounds and the evidence presented by the plaintiff, since the same was so well grounded and acted upon that the judge had no legal argument for not granting the prescription.