Las formas de alegar la prescripción adquisitiva de dominio en el Ecuador

Abstract

In my opinion, and due to the analysis of the legal regulations applicable to this judicial figure, I consider thatthe legal provisionas a WAY to acquire the possession; gives the property to a person by the simple fact that he or she has possessed a thing during the time that the law determines and under the requirements that it indicates. For the regular provision, the requirement is the Legal Property Title and, in the case of an extraordinary provision, the requirement is the possession of a thing as his or her owner without being necessary that it comes from a Legal Property Title. Nowadays, most of the legislations accept and define legal provision as a way to acquire the possession as well as a way to extinguish actions and rights. Besides, in order that the acquisitive provision take place, it is necessary that a person owns a property as his or her owner during a determined and uninterrupted time. I must indicate thatin both kinds of provision, the two elements (possession and time) are common and invariable. It must be alleged: It produces its effects not only when the time determined by the law expires, but when a trial has legal validity. The requirements to have an acquisitive provision are: the thing that is going to be acquired has to be lapsable, the possession has to be continuous and uninterrupted, the possession process has to be pacific, and the possession has to be public and the possession by the passing of the time determined by the law.