La prescripción extraordinaria adquisitiva de dominio y los derechos de los coherederos.

The research project is to establish the existence of the conflict of rights between the extraordinary acquisitive prescription of ownership compared to the rights of the co-heirs; at the time of a dispute over the rights of the real estate, an heir wishes to acquire the entire well for himself, cau...

وصف كامل

محفوظ في:
التفاصيل البيبلوغرافية
المؤلف الرئيسي: Telenchano Tacuri, Jenny Estela (author)
التنسيق: bachelorThesis
اللغة:spa
منشور في: 2023
الموضوعات:
الوصول للمادة أونلاين:http://dspace.unach.edu.ec/handle/51000/10344
الوسوم: إضافة وسم
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الوصف
الملخص:The research project is to establish the existence of the conflict of rights between the extraordinary acquisitive prescription of ownership compared to the rights of the co-heirs; at the time of a dispute over the rights of the real estate, an heir wishes to acquire the entire well for himself, causing the violation of the right of succession of the other heirs. Within this investigation, we implemented the logical inductive, analytical and interpretive, systematic and historical methodology, analyzing legal documents such as constitution, laws, codes, and resolutions, which allows us to objectively accredit the investigation, allowing us to dismember a whole, in parts or elements observing the causes, nature, and effects. Focusing on the different definitions and characteristics of both legal institutions with which a person becomes a creditor of an asset, on the one hand, we have the extraordinary acquisitive domain prescription, a way of acquiring ownership of the asset, fulfilling the requirements such as possession with the intention of a lord, owner and time 15 years becoming the legitimate owner of the real estate. At the same time, succession is also a way of acquiring ownership; at the time of death, the deceased transfers all or part of the assets and rights to his heirs or legatees who, by inheritance law, correspond to them; this study was carried out in a non-experimental way for which the population that intervened in the present investigation was made up of Judges of the Civil Judicial Unit based in the Riobamba canton obtaining a better vision in the area. This research will help better understand the laws on the means of acquiring or prohibiting property acquisition in this type of conflict involving joint heirs.