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

Abstract

Abstract: This paper analyzes Judgment No. 01333-2024-04594 issued by the Civil Judicial Unit of Cuenca, which pertains to a claim for extraordinary acquisitive prescription of ownership. Using the EL SER method, which corresponds to Exploration, Reading, Underlining, Schematization, and Summary, the factual and normative foundations of the ruling were examined, evaluating the sufficient reasoning in accordance with constitutional and procedural standards. The evident result is that the judge appropriately applied Articles 2410 and 2411 of the Civil Code, guaranteeing effective judicial protection, legal certainty, and respect for due process. The purpose of this study is to determine the argumentative and legal quality that leads to the motivation behind judicial decisions and to demonstrate how a properly reasoned judgment strengthens confidence in the judicial system, promoting substantive justice and offering a practical guide for understanding the processes of acquiring ownership through prolonged possession, in addition to contributing to the legal training of students and legal professionals in the technical and argumentative analysis of judicial decisions.