Análisis de la prescripción adquisitiva de dominio de bienes inmuebles en el sistema procesal de Ecuado

Abstract

Abstract: In Ecuador, acquisitive prescription is regulated by the Civil Code, in accordance with Article 2392 of the Civil Code (2005). This process, also called adverse possession, requires the occupant to satisfy certain conditions, such as public, peaceful, continuous possession, and the intent to be the owner for the period determined by law. The procedure for acquisitive prescription to operate, which is an ordinary procedure, necessarily entails filing a claim before the court, which is responsible for analyzing the evidence supporting the initial proposal in order to verify whether the legal requirements for this legal entity to operate are met. The purpose of this research is to identify acquisitive prescription and its importance in regularizing the ownership of property, identifying the background, understanding the procedure, the importance, and the challenges that must be overcome during a judicial process in order to be able to bring justice to bear and achieve the claim that is acquisitive prescription in favor of the person claiming it.