Se debe regular en el código civil, la no Procedencia de la acción de prescripción Adquisitiva de dominio de un bien inmueble, Cuando no ha existido posesión, sino tolerancia Por parte del propietario, actos que son Distintos la tolerancia no significa posesión

This legal research work addresses a topic of importance in the legal legal aspect, ie related to prescribing and its impact on the transfer of title to real estate and specifically the appearance of so-called acts of mere tolerance, which are acts permitted by the owner of a property, permission is...

पूर्ण विवरण

में बचाया:
ग्रंथसूची विवरण
मुख्य लेखक: Toscano Moya, Ángel Gabriel (author)
स्वरूप: bachelorThesis
भाषा:spa
प्रकाशित: 2015
विषय:
ऑनलाइन पहुंच:http://dspace.unl.edu.ec/jspui/handle/123456789/13682
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विवरण
सारांश:This legal research work addresses a topic of importance in the legal legal aspect, ie related to prescribing and its impact on the transfer of title to real estate and specifically the appearance of so-called acts of mere tolerance, which are acts permitted by the owner of a property, permission is given by the owner for reasons of friendship, neighborliness, kinship, retaining its domain and property, not involving acts of possession, and therefore do not lead to the prescription. This research follows the general guidelines of legal research and analysis of the problem from a conceptual point of view in which conceptual aspects, concepts, definitions, about what the property, domain addresses, forms of acquiring ownership, among which is noted on the prescription as a way to acquire the property of others or extinguish the actions over time and with the legal requirements of goods and ranking. Acts of mere tolerance and mere possession, possession and the possessory acts. After an analysis of which corresponds to the legal framework with regard to constitutional and legal criteria of prescription and mode of acquiring prescription, their requirements, prescribing classes also a study of comparative law is made, the various legislation. The Doctrinal Framework with an analysis of the doctrine about the property, its historical evolution, the domain and authority of the person to enjoy and dispose of property, the various domain classes; characters of the domainprescription as a way of acquiring ownership of things; possession as a means to the prescription. The appearance of the methodology applied, within which the methods, procedures and techniques to be applied in research, statistical measurement issues as the survey and interview are contemplated. The field research or empirical research has deserved special treatment because in my opinion is the central part of the investigation because it contains the opinions and criteria of those surveyed and interviewed, and their assessment criteria will train on the hypothesis, this is that the Civil Code lacks legal failure, for which in the chapter on legal reform proposal intends to join the Ecuadorian Civil Code. This is, in short legal research developed it has allowed me to have knowledge about the problem and treated in the legal field is of paramount importance because the material is property of individuals.