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

Abstract

Abstract: The judgment in case No. 17230-2018-04614, issued by the Civil Judicial Unit, concerns a lawsuit for termination of a lease filed by a woman against another woman for non-payment of the monthly rent. The proceedings were conducted under summary procedure in accordance with the General Organic Code of Procedures (COGEP) and the Landlord and Tenant Law, respecting due process guarantees. The judicial methodology included verification of jurisdiction, valid service of process on the defendant, and a single hearing. During the proceedings, the notarized lease agreement and the corresponding municipal certificate were presented as evidence. The defendant was formally summoned but failed to appear, nor did she present any objections or evidence, thus constituting procedural abandonment. The judge concluded that the tenant had been in default since June 2017, therefore declaring the termination of the contract, ordering the tenant to vacate the property, and requiring payment of the outstanding rent of USD 300 per month until the property is returned. The defendant's implied arguments for lack of defense were rejected, and no additional costs or fees were imposed. The judgment was issued in accordance with the law.