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

Abstract

Abstract: In the summary judicial proceeding brought by Juan A. against Alimentos y Bebidas Salsainc S.A., payment of USD 4,326 was claimed for invoices related to artistic performances. During the single hearing, the plaintiff presented thirteen invoices as documentary evidence, but failed to comply with the legal procedure of public display and reading required by the General Organic Code of Procedures. The defendant waived the right to present evidence and merely challenged the invoices. The lack of formal and proper incorporation of the documentary evidence led the judge to disregard it due to the absence of evidentiary justification. Consequently, the existence of the claimed obligation was not demonstrated, and the claim was dismissed for lack of evidence. No court costs were imposed on either party, as the legal requirements for such costs were not met. This case highlights the importance of proper practice and formality in the production of evidence in monitoring proceedings to guarantee a fair and well-founded resolution.