Citas bibligráficas
Hurtado, I., (2022). La Oposición En La Prescripción Adquisitiva De Dominio Notarial, Como Ejercicio Abusivo De Derecho [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/9545
Hurtado, I., La Oposición En La Prescripción Adquisitiva De Dominio Notarial, Como Ejercicio Abusivo De Derecho [Tesis]. PE: Universidad Privada Antenor Orrego; 2022. https://hdl.handle.net/20.500.12759/9545
@misc{renati/381473,
title = "La Oposición En La Prescripción Adquisitiva De Dominio Notarial, Como Ejercicio Abusivo De Derecho",
author = "Hurtado Guerrero, Irene Johana",
publisher = "Universidad Privada Antenor Orrego",
year = "2022"
}
In the field of notarial law, it is currently common to find various procedures for the prescription for the acquisition of dominion since the norm has allowed the notary to be competent to conduct these processes. What the legislator has not foreseen the incorrect use that the opponent will make of this rule, using the limits of his right to oppose in an abusive way, thus avoiding that owner’s rights has been declared in a faster and more efficient way, collaborating to the decongestion of the procedural burden. This practice has expanded so much that it is known to notaries and owner themselves who have some fear that their process may be frustrated by a person who does not have credited his right on the property. That is why, in order to solve the problems that come with the existence of a rule so open that it allows any third party to frustrated this type of procedure, the following hypothesis is proposed: “the opposition in these procedures by not requiring that legitimacy or interest be accredited, as a means of proof that supports it in its formulation, it represents an abusive exercise of right ”. In that order of ideas, to prove that it is necessary to require greater formalities and accreditation of interest and legitimacy to oppose, the Theoretical Framework was developed focused on the notarial function; analyzing the differences between possession and property, considering the prescription for the acquisition of dominion and relevant comparative doctrines on the same subject, with special focus on the notarial process and the abusive exercise of the right to oppose; ending the present investigation with the final conclusions and recommendations that were reached at the end of the investigation. 9 Inductive research was used for this purpose, also the investigation is located in the legal social variant because the operation of the regulation on acquisitive prescription of domain in the notarial route and its impact on Peruvian society was analyzed
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