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

Abstract

Abstract: In this curricular research work, a doctrinal and jurisprudential legal analysis of the judgment issued in ordinary trial No. 11333-2020-01929 is carried out, which tells us about the action of extraordinary acquisitive prescription of domain and, in the same way, about the counterclaim of vindication over an affected property that has space such as a municipal green area. This research defines the validity of the judicial motivation that it has in the first instance, finally observing also that of the second instance, which is the appeal, making the constitutional principles effective. Likewise, it is concluded that both the judgment issued at the first level and the confirmation of the second instance both comply with those motivation standards that are required by the COGEP and the Constitution. This study also proposes some recommendations aimed at preventing what are the claims and admissible ones and also at consolidating the jurisprudential criteria on those assets that are in the public domain. With the purpose of contributing to the strengthening and foundation of judicial arguments.