El fraccionamiento de los bienes inmuebles en los juicios de prescripción extraordinaria de dominio

This research analyzes the subdivision of real estate in the administrative headquarters of the Riobamba Municipal GAD in contrast to the extraordinary prescription of ownership lawsuits processed in court. This problem arises due to the lack of clear regulations governing the possibility of prescribing portions of a property, generating disputes between the GADS and the judicial system. Therefore, this research's main objective is to examine the legal implications of subdivision in these lawsuits, differentiating between the administrative (property subdivision) and the judicial (extraordinary acquisitive prescription of ownership) spheres. The methodology employed was inductive, analytical, dogmatic, doctrinal, descriptive, correlational, and case study research methods; with a mixed research approach; pure, dogmatic, exploratory, correlational, and descriptive research types; and a non-experimental research design. Additionally, information was collected through surveys of civil judges, municipal GAD officials, and litigating attorneys, who were part of the sample. Among the results of this investigation, it is noteworthy that the GAD rejects partial prescription of properties, considering it contrary to urban regulations, although the law does not expressly prohibit it. It also highlighted the diversity of judicial criteria regarding the individualization of the property and passive legitimation, considered requirements for extraordinary acquisitive prescription of ownership. Finally, the main conclusion is that there is a legal vacuum that hinders access to property rights for possessors who cannot comply with the municipal subdivision requirements, although they can comply with the prescription requirements. A regulatory reform is recommended that clearly delineates the scope of both procedures to guarantee legal certainty and respect for the right to property.

• 1. Verfasser: Moreno Carrasco, Jhonny Fabricio (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2025
• Schlagworte: Prescripción; Requisitos; Criterios; Cumplimiento
• Online Zugang: http://dspace.unach.edu.ec/handle/51000/16182