LA DEFENSA DE LA PROPIEDAD ANTE LA USURPACION SUSTENTADA EN PRINCIPIO DE PRESCRIPCION ADQUISITIVA

Abstract

Life offers us a series of options and alternatives for personal and professional development, and one of those options is a career in law, which par excellence is a career whose objective is to fight to recover the true sense of justice, which in recent years , has been affected by a series of corruption actions, in which justice operators twisted judicial decisions in favor of unscrupulous groups that made this act their modus operandis where justice is no longer a right but a business. Within the constitutional and legal framework, they clearly indicate that justice is a right to which all Peruvians must have access, and must be respected, and within the framework of fair treatment, respecting the legal framework, due procedure and above all that the operators of justice, when issuing a judgment of conscience, must be diligent, fair and equitable and with total independence. We have made this preamble because it was necessary to point out the current situation that the exercise of justice is going through in Peru, even more so considering that the theme chosen for our research work, of recognizing property rights, is of recent date. The handling of justice, in previous years, was handled from the economic point of view and not seeking justice, in that sense when we spoke of demanding property rights, there was no perfect and reliable documentation that could prove to be the owner of some land or real estate and that, when for economic necessity, they received a loan and left a property as collateral, which if not canceled on the date stipulated by the parties, it was “seized“ and with a legal trick, the judges, who were not fair or equitable, by means of a sentence the property was transferred in favor of the lender, without more and more it was stripped without the right to claim. 4 Therefore, this unfair situation forces us to point out the importance of the concept of Property and the concept of Possession. Taxatively when we refer to the term property, as property, unlike the concept of property, which was considered as a synonym of a real right, transmitted continuously, instead the concept of Possession, since time ago, is considered as the form tax, which without being an owner requires it to be recognized as such, not by law but by force. In this sense, if we analyze the concepts, the property is defined, to put it figuratively, as a concept that is in the same coin. Apparently the concept of property and that of possession can be confused This interpretation of the concepts of property or possession, but in recent years, with population growth, with the transfer of the population to cities, the invasion of lands that supposedly did not have owners who demand or claim it, and that what in the beginning, the concept of possession, was not considered as a synonym of property, and that the true owner demonstrated it with documents that demonstrated the legal right of the property . Over time, these terms have been refined, between property and possession, it is not enough to demonstrate that you have documents that determine real rights, now with the evolution of the legal regulations that have been delimiting and requirements to prove ownership, they have evolved , and it is not enough to prove ownership but also must demonstrate real and evident possession, that is to say that the possession will determine the property. But as we said in recent years, the owner who, from some income to take possession of a property, without having the legal documents that accredited it as such, but a factor entered the scene that somehow was recognizing him as an almost owner , that factor was the time that the longer you occupy that property and without 5 That no one demands it during that time, they gave him the right to claim it legally, that is, to go from usurper (possessor) to being the owner, but he could not demand it while, through an enforceable sentence, it determines that property is registered in favor of the usurper (possessor) before public records, becomes owner. This is one of the reasons that has motivated the present work, that it is not enough to have the legal documents for it to be recognized as the owner, but that it must demonstrate it, with evidentiary means that if they prove it, such as being in possession, having public services registered in your name, because if you do not comply with them, you will lose your ownership status. Keywords: possession, property, time, usurpation.