Reformas al Código Civil en el art. 2411 en cuanto al tiempo de la adquisición de bienes inmuebles mediante la prescripción extraordinaria adquisitiva de dominio

Prescription It is the last of the modes of acquiring ownership and as above, our Civil Code, Book II breaks it down and places it at the end of Book Four. The prescription is the means to acquire the affairs of others or to extinguish the shares or rights of others, for things have possessed or the rights and actions have not exercised for some time, occurring in addition the requirements set by law. Acquisitive prescription EXTRAORDINARY the extraordinary acquisitive prescription is governed by the general rules of prescription and special contained in Arts. 2410 and 2411 C. C. Therefore, besides the quality of the item dispensable, the extraordinary prescription requires: 1. Possession irregular continues uninterrupted, and 2. The possession has lasted 15 years, irrespective of movable and immovable. The extraordinary prescription is not suspended, but run against any person, other than spouses. The time required for the special requirement is 15 years (Art. 2411 CC) for both furniture to property. For the calculation of 15 years is immaterial whether it is present or absent, since the distinction in this regard makes the Art., 2408 CC are applying ordinary prescription, but not extraordinary. Moreover, the rules for calculating periods containing the Art. 33 of the Civil Code shall be applicable under the same Article. The requirements, extraordinary ordinary. . The 2410 Art of Civil Code states: mastering the commercial stuff that has not been acquired by ordinary prescription, can be for the extraordinary, under the rules to be expressed. 1. Holds the extraordinary injunction against the registered title. By those listed Inc. accommodate the text came 2th Art. 10 of the Act reform of the Civil Code in 1956 extended. Let us recall what was said to treat possession, that is, that the reform of 1950, incorporated in the Civil Code, no. 1o of Art. 2410, altered the whole system inscribed possession keeps close relationship with the prescription. 2. For the extraordinary prescription is not necessary any title; enough material possession within the meaning of Art. 715 CC. The rules according to which for the extraordinary prescription is not necessary any securities consistent with the principle that this kind of prescription illegal possession is sufficient. 3. Presumably it right good faith, however the lack of a buying domain title. Indeed, to be sufficient to prescribe extremely irregular possession, good faith is unnecessary. For this reason it has been observed that there was no reason to boast about the law, as does the no. 2th Art. 2410 CC, if reality is unnecessary. 4. But the existence of a mere tendency title will assume bad faith and will not lead to the prescription unless these two circumstances concur: a). He who seeks to own cannot prove that the past 15 years has been expressly or impliedly recognized your domain for whom the prescription claims; b). that proves who claims to have possessed prescription without violence, underground or interruption for the same space of time. The fourth rule of Art. 2410 CC, do believe that the mere possession is changed in possession by the mere passage of time. While warns. The fourth rule of Art. 2410 CC is not an expression of the principle sustained in Art. 731 CC as simple as this period does not change the trend mere possession, and that does depend merely changing trend in possession of two elements that are added to separate over time, namely: Our Civil Code adopted in mere possession and Savigny system that does depend on the existence of possession of a material element , the trend, and an intentional element , the mood of the owner. But moderated the system by adopting the theory of the cause or legal will, which links the mind of the person to the root cause of the power exercised in the thing. So , will the buyer receiving things should be that of lord or master, while the will of the borrower cannot be other than mere holder

• 1. Verfasser: Borja Maza, José Luis (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2015
• Schlagworte: LA PRESCRIPCIÓN; CLASES DE PRESCRIPCIONES; ADQUISICIÓN DE DOMINIO; EL CÓDIGO CIVIL
• Online Zugang: http://dspace.unl.edu.ec/jspui/handle/123456789/8723