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

Abstract

Abstract: This legal analysis examines the issue of the legal recognition of de facto unions in Ecuador, with a particular emphasis on situations where one of the partners has died. A central focus of this research is the reasoning behind judicial decisions, essential to guaranteeing the effective protection of rights and the correct application of the legal framework. The main objective is to determine whether a relationship between two people, in light of Ecuadorian constitutional and civil law, can be formally recognized as a de facto union with full legal effect, even after the death of one of the partners. A fundamental component of the methodology employed is the study of the defendants' acquiescence, which, by accepting the factual circumstances and the plaintiff's claim, can significantly simplify the resolution of the case. The results indicate that, when the legal requirements are met and the facts are accepted by those involved, the de facto union can be legally recognized, with adequate judicial motivation being the pillar that supports the validity and legitimacy of said declaration.