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

Abstract

Abstract: This research study analyzes the reasoning provided in judgments issued by trial-level judges in Ecuador specifically judicial decisions regarding extraordinary acquisitive prescription of ownership as a guarantee of due process. It examines the importance of legal substantiation in these judgments, particularly in cases involving the acquisition of ownership through continuous, peaceful, and uninterrupted possession. The research employs a specific approach involving the analysis of civil statutes, legal doctrine, and relevant case law to identify the criteria applied by judges in resolving these proceedings. It also evaluates adherence to the principles of reasoned decision-making and due process within these judicial rulings. The findings indicate that adequate reasoning ensures the correct application of the law and the protection of the parties' rights. In conclusion, reasoned justification is essential for the validity of judgments concerning prescription and ownership.