bachelorThesis
Las acciones posesorias y su tramitación en la legislación ecuatoriana
Fecha
2016Autor
Villa Uchupaille, Lourdes Mariela
Institución
Resumen
Possession is a legal institution protected by law, defined as the tenure of an objectas the lord, owner, or master figure. The concurrence of two elements are required to allow theexistence of possession, which are: the corpus and animus; being the corpus fact power over the object, and the animus the intention of behaving as the owner, lord or master or intend to have the thing for himself or herself. Possession is a fact that generates rights. Nowadays, possessory actions are widely used in the administration of justice to preserve or restore the possession.The holder can be defended against attacks or injuries from others through these actions.Possession produce certain legal effects such as, the presumption to be considered the owner, the right to have protection and defense, and the right to the profits and the possibility of acquiring ownership through prescription.
Possessory actions are intended to preserve or regain possession; for instance, when a person considers that its ownership rights have been violated may apply to a competent judge and claim for the reinstitution of the possession and to be compensated for the damages caused by the usurper.To raise this action is necessary to gather requirements such as, owning the property, possession must be public, and peaceful for an uninterrupted year. The holder enjoys rights such as, the right to ask to not disturb his or her possession, the right to the profits.