Incidencia del tiempo establecido en el Código Civil en el art. 2411, para adquirir la prescripción extraordinaria adquisitiva de dominio, a fin de garantizar el derecho a la propiedad

One in the ways of acquiring the domain is the PRESCRIPTION, making an analysis from the legal applicable dispositions to this matter, it is sustained fundamentally that: the prescription, as way of acquiring the domain, confers the property for the simple one made of having possessed a thing, during the time that points out the Law and with the requirements that she indicates, for example, if it is about Ordinary Prescription it is requirement the Fair Title; if it is about Extraordinary Prescription it is requirement that who prescribes, if "mere fork" that car-became in possessor, was have not possessed with violence neither secrecy. It is for this reason that considering important to establish an appropriate time to request the prescription that I have seen myself in the necessity of to investigate and to suggest the "Incidence of time set in the Civil Code Art. 2411, to acquire the purchasing extraordinary adverse possession, in order to guarantee the right to property", it thought about as general objective the one of Analyzing artificial and doctrinarian the Civil Code, regarding the acquisitive prescription of domain; having that it stops their confirmation, to apply methods and technical of character scientist, obtaining important results in those which to base the proposal. With the purpose of fulfilling the objectives outlined in the investigative project, he/she was carried out a bibliographical investigation that sustained the whole process, with which one could know in a better way the artificial figure of the prescription and their treatment in the existent different legal bodies, besides being sustained in different commentators' experts of the problem valid approaches. In the realization of the field investigation, applying a survey to 30 professionals of the branch of the right, valuable data were obtained that allowed to establish that the prescription grants the domain from a good to a new proprietor, be this piece of furniture or property; likewise that the time specified for the prescription doesn't agree with the reality that one lives at the moment in the country, and the possession in the cases of prescription it should be considered in good faith. It was also demonstrated that the prescription, doesn't force any right type about the property, but rather rather he/she makes complete the social function of the same one, and that it is necessary the reformation to the Civil Code, the time that has to be given the possession for the prescription diminishing. It is necessary to mention that when carrying out a study compared with the Latin American legislations, he/she is proven that it is indispensable requirement that a time settled down in the law exists so that one can give the prescription

• Huvudupphovsman: Espinosa Astudillo, Pablo Vinicio (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2015
• Ämnen: DERECHO DE DOMINIO; DIFERENCIA ENTRE PROPIEDAD Y DOMINIO; MODALIDADES DE PROPIEDAD; OBJETOS DEL DERECHO
• Länkar: http://dspace.unl.edu.ec/jspui/handle/123456789/8919