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

Abstract

Abstract: This research analyzes the judicial ruling issued by the Multicompetent Judicial Unit of Las Naves Canton on July 12, 2021, regarding the fault-based divorce case docketed as No. 02334-2021-XXXXX. The study aims to examine the application of *allanamiento* (submission to the claim) as a mechanism for procedural simplification within the framework of the summary procedure established by the Organic General Code of Processes (COGEP). The methodology employed consisted of a doctrinal-legal analysis of the ruling, focusing on compliance with due process guarantees and the requirement for proper legal reasoning, in accordance with Article 76.7(l) of the Constitution of the Republic of Ecuador. Key findings highlight the absence of minor children and the parties' expeditious ratification of a total submission to the claim. The study concludes that the judgment not only guarantees effective judicial protection of the parties' rights but also exemplifies judicial efficiency in cases where the dispute is resolved through the express will of the litigants.