Análisis jurídico respecto de si la acción de prescripción extraordinaria adquisitiva de dominio es procedente sobre un lote de terreno que no ha sido subdividido de la totalidad de un inmueble urbano en el ecuador

Abstract

Abstract: Prescription is a way of acquiring the things of others, or of extinguishing the actions and rights of others, for having possessed things, for a certain time. The Constitution of the Republic of Ecuador recognizes and guarantees the Right to Property, Legal Security, Effective Judicial Guardianship; and it is governed under the principle of normative hierarchy in which it is determined that the Constitution prevails over any other norm, therefore, judges are called to ensure compliance with each of the established norms and principles. Municipal governments oppose actions of extraordinary prescription of domain ownership, for two reasons, "Because they are considered to be public domain assets", and "Because it is a way to avoid the delivery of green areas." These two criteria, the only thing they are looking for is to prevent a person who is looking for recognition of a right that has been acquired for the course of time. Ecuador being a state that guarantees rights and justice, what it must do is ensure compliance with them.