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

Abstract

Abstract: The investigation focused on the analysis of the first-level judgment of process 11203¬2020¬00080, which deals with the request for an inventory and appraisal of inheritance assets; The judgment issued within rial No. 11203-2020-00080, processed before the Judicial Unit for Family, Women, Children and Adolescents of the canton of Loja, obeys the need to resolve a conflict of a strictly legal-formal nature, originating in the request for the opening of intestate succession and the approval of the inventory of real estate left by the deceased N.N, presented by her presumed heirs. The judgment complies with the current legal framework and respects the principle of procedural legality; however, it lacks a more developed motivation regarding the expert assessment. Although it fulfills its formal function, a further analysis of the content of the report would have been desirable as a guarantee of due process. This strengthens legal certainty and avoids future disputes.