Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: The extraordinary acquisitive prescription of ownership is regulated by articles 2392, 2410 and 2411 2411 of the Ecuadorian Civil Code. It allows a person who possesses a property in a public, peaceful, continuous and uninterrupted manner, with the intention of owner, for a minimum period of 15 years, to legally acquire the property, even if he/she does not have formal title. The possessor must file a lawsuit in the ordinary civil procedure. If the judge admits the action, the judgment acts as a public deed and is registered in the Property Registry, granting legal title to the plaintiff. The study of this figure allows for the regularization of informal properties, allowing the beneficiaries to acquire legal stability over a property that does not have a legally registered title deed, however, this may generate conflicts with legitimate owners who did not exercise their rights. An expeditious and clear procedure should be established, guaranteeing legal certainty and procedural efficiency. A balance should be struck between legal security for the legitimate owner and the rights of the bona fide possessor, with the need for normative clarification.