Jurisprudencia y Ciencias Sociales
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Item El juramento deferido en materia laboral y la igualdad procesal de las partes procesales(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Chiluisa Alvarez, Damaris Mikaela; Masabanda Analuiza, Galo IvánThe research analyzed the evidentiary figure of the deferred oath in labor matters framed in Article 185 of the COGEP against the principle of equal procedure of the parties, supported by the CRE and international regulations. The purpose of the study was to identify elements for the applicability, judicialization and effects of this evidentiary element in the face of respect for the principle of procedural equality. To meet the objectives set, a qualitative approach was implemented, through interviews with experts in labor law. Likewise, a descriptive method was used, managing to characterize both variables and understand the causes and consequences that correlate with the deferred oath and procedural equality. The results showed the need to maintain an evidentiary figure in favor of the worker, however, the norm has a legal vacuum that affects the employer's right to defense and marks an obvious omission to the right to contradiction, which generates a violation of the principle of procedural equality and due process, In addition, there is no means by which it can be evidenced that the worker acted in good faith and with adherence to procedural loyalty. It was evident that in practice there are difficulties for judges in not establishing clear parameters for the evaluation of this evidentiary tool. The research concluded that the parameters of the deferred oath as an exceptional tool are delimited, but the implementation of mechanisms is required to corroborate the information provided by the oath, in addition to adding express parameters for the assessment and adding an instrument by which the oath can be contradicted and questioned, thus solving the limitations at a practical level.Item 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 SantiagoThis 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: