Citas bibligráficas
Túyume, B., (2023). La Derrotabilidad de las normas de regularización de áreas, linderos y medidas perimétricas en la jurisprudencia del Tribunal Registral Peruano [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/10770
Túyume, B., La Derrotabilidad de las normas de regularización de áreas, linderos y medidas perimétricas en la jurisprudencia del Tribunal Registral Peruano [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/10770
@mastersthesis{renati/374631,
title = "La Derrotabilidad de las normas de regularización de áreas, linderos y medidas perimétricas en la jurisprudencia del Tribunal Registral Peruano",
author = "Túyume Effio, Blanca Estrella",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The present investigation is referred to the analysis of the application of the criterion of defeatability in the resolutions of the Peruvian Registry Court in matters of regularization of areas, boundaries and perimeter measures; whose sanitation mechanisms are regulated by Law No. 27333. That is why the following problem has been formulated: Why in some resolutions of the jurisprudence of the Peruvian Registry Court on the regularization of areas, boundaries and perimeter measures does the defeatability criterion appear and in others it does not? To obtain a hypothesis to the problem posed, a doctrinal and jurisprudential study has been deepened in order to help understand the concept of defeatability and its application in the resolutions of the highest administrative entity. In this sense, the present work aims to: i) Analyze why in some resolutions of the jurisprudence of the Peruvian Registry Court on the regularization of areas, boundaries and perimeter measures the criterion of defeasibility appears and in others it does not; ii) Delimit the defeasibility to understand its contribution in the application of the norms of regularization of areas, boundaries and perimeter measures; iii) Describe the legal treatment of the regulations applicable to the regularization of areas, boundaries and perimeter measures; and iv) Examine the most outstanding jurisprudence of the Peruvian Registry Court issued during the period 2006 to 2020 regarding the regularization of areas, boundaries and perimeter measures, in order to glimpse the application of the defeasibility criterion. Finally, the research is designed under the non-experimental qualitative method based on the case study and text analysis, starting from the analysis and data collection of the set of resolutions issued by the Registry Court during the period from 2006 to 2020 in matter of regularization of areas, boundaries and perimeter measures, with the result that the highest administrative entity ignores the criterion of defeatability and resolves cases without being aware of it, which translates into a lack of uniformity in its decisions.
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