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

Abstract

Abstract: This paper focuses on the motivation behind a judgment issued in a process for the collection of a promissory note. The study centers on whether the legal reasoning complies with all established constitutional parameters and whether there are any flaws in its justification. Through a jurisprudential and doctrinal perspective, the requirements that the judgment must meet to be considered valid are evaluated; that is, it is analyzed whether the promissory note complies with the guarantee established in the legal framework and whether the procedural resources employed meet the standards of the regulatory framework. The study of the legal framework that regulates a negotiable instrument, such as its requirements and effects, is evident. It is noted that, although the opposing party filed an appeal, it was neither admitted nor pursued by the defendants. Ultimately, the analyzed judgment complies with each of the legal and doctrinal standards, and therefore, the judge's decision is upheld.