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

Abstract

Abstract: This work examines, with a comprehensive approach, a civil judgment of absolute nullity due to lack of consent and connects it with the state of the art regarding consent, nullity, and the protection of vulnerable persons, applying Atienza's method to order facts, problem, issues, answers, and reasons, and subjecting the decision to the standard of motivational sufficiency. It is found that the legal basis is concise but pertinent articles 1461, 1697, and 1698 of the Civil Code and constitutional guarantees while the factual basis is solid, articulating testimonies, medical certificates, the form of execution of the instrument, and the absence of payment, such that the judgment surpasses the constitutional threshold without incurring apparent defects, inconsistencies, or incongruities, and therefore does not warrant annulment or correction on appeal. From a proactive perspective, it is suggested to enhance practices for verifying consent in older persons or persons with disabilities, incorporate simple matrices of evidentiary assessment and a brief interpretative development on consent in vulnerable subjects, in addition to notarial and registry alerts for sensitive acts of disposition, in order to prevent litigation and strengthen effective protection.