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

Abstract

Abstract: The general objective of this study was to analyze and evaluate the correctness and sufficiency of the reasoning provided in judgments issued by trial-level judges in Ecuador. Specific objectives included outlining the arguments within the selected trial-level judgment, analyzing the judgment's reasoning, and evaluating both the sufficiency and correctness of that reasoning using established standards. The underlying hypothesis posited that judgments issued by trial-level judges in Ecuador contain sufficient and correct reasoning. The study specifically examined case No. 061012017XXXXX, which involved a divorce suit based on Article 110 of the Civil Code; the grounds cited were abandonment of the marital home by the husband, with whom contact had been lost and whose whereabouts were unknown. The case was heard by the Judicial Unit for Family, Women, Children, and Adolescents of Riobamba Canton. The analysis of the judgment covered the presentation of arguments, the legal explanation provided, and an evaluation of the reasoning developed.