Citas bibligráficas
Salas, M., (2021). Desnaturalización jurídica de comunidades campesinas por inscripciones registrales de transferencias de cuotas ideales de sus terrenos, conforme al Art 6.8 Y 6.10 de la Directiva N° 010-2013-SUNARP-SN [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4322
Salas, M., Desnaturalización jurídica de comunidades campesinas por inscripciones registrales de transferencias de cuotas ideales de sus terrenos, conforme al Art 6.8 Y 6.10 de la Directiva N° 010-2013-SUNARP-SN []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4322
@misc{renati/22343,
title = "Desnaturalización jurídica de comunidades campesinas por inscripciones registrales de transferencias de cuotas ideales de sus terrenos, conforme al Art 6.8 Y 6.10 de la Directiva N° 010-2013-SUNARP-SN",
author = "Salas Bendezú, María del Carmen",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
The thesis entitled “Legal denaturation of the Peasant Communities by ideal shares transfers registry inscriptions of their lands in accordance with art. 6.8 and 6.10 of Directive No. 010-2013-SUNARP-SN ”seeks to demonstrate that in effect, the legal desnaturation of the Peasant Communities has been gradually taking place, a traditional social institution that has been conserved since the incas times, at the core, at the very heart that bases the unity of its structure; communal ownership of their lands. It is noteworthy that the State protects the Peasant Communities with norms of constitutional category, however thanks to the establishment of individual property on the lands of the communities that allow to dispose, usufruct, sell, record, rent, inter alia, with the public economic policies purposes of making the owners of such lands comply with the obligation to pay taxes to the State and thus become part of the dynamics of the prevailing economic system, once formalized. This “process“ legally reflected in art. 6.8 and 6.10 of Directive No. 010-2013-SUNARP-SN has been in place since 2013 and allows “strange” capital to enter the kernel of peasant communities as “new owners”, without meeting the requirement of being natural community members original owners of those lands. Moreover they apply their right as private property when, actually, the communal lands have a special regulation. This fact has irreversible consequences, as it would be attacking the very backbone of the Peasant Communities, tending in the medium term to their denaturation and even to their disappearance. Nothing else can be concluded, since the Peasant Communities, ancestral institutions, have resisted, historically, the spanish colonialism onslaughts as well as the lands property feudal system that corresponded to the two hundred years of the republican. However, due tothis legal “mechanism”, they have been distorted, losing their identity and essence that is based on the community property of their lands with ancestral production mechanisms such as “Ayni“ and “Mink'a“. The result will be, as mentioned, their weakening and possibly even their disappearance, since this mechanism allows the acquisition and access of “any capital” to the community lands via acquisition or sale, which is legally formalized with its registration in the Public Registries. This thesis also seeks to become a voice of denunciation and alarm in the face of this economic and legal phenomenon, since we consider it an attack to the rights of native people and our cultural identity and its custodians, such as peasant communities, who represent our roots as well. like our ancestors. In this sense, with the development of this research work we intend to show that this “mutation“ has been taking place for some time therefore, the corresponding authorities will have to establish legal mechanisms for the protection of the rights of native people, for which in our condition of future lawyers, respectful of our historical past and our cultural identity, we send this small contribution.
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