Many reasons inspire this analysis, but the causam motivarum of this study was the fact of considering that adagium and principium of the egregious Roman iuris-prudentes contribute today to the reasonableness, argumentation and motivation of verdicts in which fundamental rights are elucidated and pondered; as they were in their ancient times, in which the scarcity of a written law and of a positive interpretatio proper of the magistrates, enhanced their legal projection and their epidictic purpose. Therefore, —duralex, sed lex— proclaims the law is hard, but as law it must be complied with and —semper in dubiis benigniora praeferenda sunt— as principle of favorability in case of legislative discordance, advocates always preferring the application of the lex with greater benignity, which permeate the contemporary Ecuadorian procedural praxis because they continue to influence the argumentation and resolution of judicial cases.
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