Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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Tema: search.filters.subject.VOLUNTARIEDAD

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  • Miniatura
    Item type:Ítem,
    El principio Pacta Sunt Servanda y la resolución de contratos en el Ecuador. Análisis de la sentencia caso: 18334-2022-05500
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Abril Núñez, Paola Anabel
    ;
    Vayas Castro, Guillermo Santiago
    This research paper addresses the principle of Pacta Sunt Servanda in relation to contract termination in Ecuador. This principle is the cornerstone of contract law, which establishes that agreements must be fulfilled as agreed by the parties. This principle is of great importance in the current legal context, especially in Ecuador, where contractual disputes and their resolution demand adequate judicial interpretation that respects the will of the parties and protects legal certainty. The research was conducted under the guidelines of social and democratic establishment and focused on the analysis of case 18334-2022-05500, resolved by the Civil Judicial Unit of Ambato, as a representative example of the application of this principle. A mixed methodology was used: qualitative, through interviews with expert judges; and quantitative, through surveys administered to 349 lawyers from Tungurahua, complemented by doctrinal, normative, and jurisprudential analysis. The scientific innovation lies in the identification of the practical limits of the Pacta Sunt Servanda principle, especially in the face of exceptions such as the rebus sic stantibus clause, and in the proposal to strengthen the technical quality of civil contracts as a conflict prevention mechanism. Finally, it is concluded that, while this principle is fundamental in the Ecuadorian legal system, its application must be balanced with other principles such as good faith, equity, and, above all, voluntariness, to ensure a fair contractual resolution, especially when both parties incur breaches that prevent the execution of the contract on its proper terms. Keywords:
  • Miniatura
    Item type:Ítem,
    La Aplicabilidad de la Mediación Obligatoria en los Procesos Judiciales de Familia, Mujer, Niñez y Adolescencia
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-07-31)
    Córdova López, Nicole Odalys
    ;
    Jordán Buenaño, Jeanette Elizabeth
    The present study aims to analyze the applicability of mandatory mediation in resolving family, childhood, and adolescence conflicts from a legal and judicial perspective. Its specific objectives are to legally and judicially substantiate the applicability of mandatory mediation in judicial processes involving family, childhood, and adolescence to promote more sustainable and satisfactory agreements; to determine the benefits and challenges of promoting mandatory mediation in these judicial processes; and to establish the legal limits and scope of mandatory mediation in resolving family conflicts from both legal and social perspectives. The research employs a qualitative, descriptive approach, combining bibliographic, documentary, and field methods, using analytical-synthetic and inductive techniques. Interviews were conducted with judges, mediators, and lawyers specialized in family law, guided by a structured interview instrument. Findings reveal that mediation, recognized under Ecuadorian law, can effectively alleviate judicial congestion and foster faster, cost-effective solutions centered on the best interests of the child. However, the mandatory nature of mediation presents tensions with the principle of voluntariness, essential for ensuring genuine agreements and protecting fundamental rights. Comparative experiences from Argentina and Chile indicate that mandatory mediation can expedite processes and reduce judicial burdens but requires a clear regulatory framework, well-trained mediators, and social acceptance to overcome resistance and maintain process quality. In conclusion, mandatory mediation in family, childhood, and adolescence matters in Ecuador is feasible and advantageous, provided public policies are designed to balance efficiency, rights protection, and respect for parties’ autonomy and voluntariness, thereby contributing to a more agile, effective justice system focused on social peace.