Incorporación en el COGEP y Código Civil de la prescripción extraordinaria adquisitiva de dominio de los bienes de la sociedad conyugal

Abstract

Abstract: The extraordinary acquisition prescription of ownership in our legislation is one of the ways of obtaining ownership of other people's assets that, following precise rules, pre-established in the Civil Code and, with suitable procedures contemplated in the General Organic Code of Processes, with proposed actions in the ordinary way before Judges of Civil Judicial Units in the first stage, reaching Superior Courts, when resources are articulated, they conclude in sentences that, if favorable, they are property titles. The investigation and exposition lies in the phenomenon of proposing these processes by ex-spouses, who have dissolved the company due to divorces, but never liquidated and divided the marital assets, which are prohibited, there being errors of legal interpretation, formal gaps that, according to the law compared to that of Argentina, classify the inadmissibility of these demands and, consequently, the need arises for our legislation to be more explicit, preventing erroneous interpretations and demands or counterclaims impregnated with bad faith, in the actions of prescription or counterclaims, in those of claims or liquidations and partition of such matrimonial or de facto partnerships.