Bibliographic citations
Nuñez, S., (2023). Posibilidad jurídica que un menor de edad con discernimiento adquiera un bien por prescripción adquisitiva de dominio, en el ordenamiento jurídico peruano [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/11023
Nuñez, S., Posibilidad jurídica que un menor de edad con discernimiento adquiera un bien por prescripción adquisitiva de dominio, en el ordenamiento jurídico peruano [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2023. https://hdl.handle.net/20.500.12759/11023
@misc{renati/380539,
title = "Posibilidad jurídica que un menor de edad con discernimiento adquiera un bien por prescripción adquisitiva de dominio, en el ordenamiento jurídico peruano",
author = "Nuñez De Lama, Sergio Alonso",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2023"
}
The present investigation is born with the following formulation of the problem: Is it possible that a minor with discernment can acquire a good via the acquisition prescription of domain?, faced with this question, we have raised the following hypothesis: “Yes it is possible that a minor can acquire a property via the acquisition prescription of ownership, since based on Art. 3 of the Civil Code we all have the capacity to enjoy our rights, starting from this point we see that the minor is considered incompetent absolute in light of article 43 of the current Civil Code; however, said incapacity may be subject to alteration, since the minor who discerns has responsibility for those acts that cause damages, as prescribed in Art. 458 of the same normative body, an article that was related to articles 1975 and 1976, which have been repealed, leaving the article in comment as the only one that deals with the responsibility that is attributable to the minor. In this way, and in order to corroborate this hypothesis, we have set ourselves the following general objective: “Demonstrate that there is a legal possibility that a minor with discernment can acquire a property via the acquisition of ownership prescription“. Finally, from various legal methods such as inductive, deductive, exegetical, dogmatic; We have been able to arrive at the following general conclusion: “It is legally possible that a minor with discernment can acquire an asset via the acquisition of ownership prescription; therefore, he would be endowed with the so-called natural capacity, the same one that allows him to distinguish and be aware of the acts he performs and even face the consequences of such acts. In the same way, our legal system as a whole recognizes a range of duties and legal sanctions of a civil, tax, and even criminal nature to that minor with discernment who breaks the rules; From all this, it is easy to infer that if responsibilities and punishments can be attributed to a minor, it is also possible to attribute rights which can even be exercised progressively according to their biological and mental maturity; finally, and in the same sense, the Convention on the Rights of the Child, has already been recognizing this progressive capacity, the same one that observes the child and adolescent, according to the development of their age and their mental maturity, as a subject of law capable of going gradually exercising by himself the subjective rights that the legal system grants him”.
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