Bibliographic citations
Romero, G., (2020). Expediente Civil N° 651-2014 Desalojo Por Ocupante PrecarioExpediente Penal N° 487-2016-84-1412-Jr-Pe-01 Violación Sexual [Trabajo de suficiencia profesional, Universidad Peruana de las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/881
Romero, G., Expediente Civil N° 651-2014 Desalojo Por Ocupante PrecarioExpediente Penal N° 487-2016-84-1412-Jr-Pe-01 Violación Sexual [Trabajo de suficiencia profesional]. : Universidad Peruana de las Américas; 2020. http://repositorio.ulasamericas.edu.pe/handle/upa/881
@misc{renati/4800,
title = "Expediente Civil N° 651-2014 Desalojo Por Ocupante Precario;Expediente Penal N° 487-2016-84-1412-Jr-Pe-01 Violación Sexual",
author = "Romero Carhuancho, Gilmar Raúl",
publisher = "Universidad Peruana de las Américas",
year = "2020"
}
The work presented below seeks to summarize the civil file No. 651-2014, on Eviction by a precarious occupant, filed by Renán Eliseo Cabrejos Ramos against Telmo José Vilchez Solano, who demanded to regain possession of the property, located at Calle Chiclayo 520, Building “A“, Department No. 205, Province and Department of Ica. In this file the plaintiff is the owner of the property under a contract of promise of purchase sale in which the winners of the property by a lottery made by FOVIPOL - PNP, undertake to sell it if it complies with the following benefits: the payment of the initial fee amounting to US $ .3,500.00 (THREE THOUSAND FIVE HUNDRED WITH 00/100 AMERICAN DOLLARS) and the payment of monthly installments amounting to US $ 122.00 (ONE HUNDRED TWENTY-TWO WITH 00/100 AMERICAN DOLLARS) for twenty years. Although it does not follow from the contract itself, the plaintiff and his spouse take possession of the property from the moment of the signing of the contract of purchase and sale promise and that is why he signs the lease agreement with the defendant for a period of one year. , in which Daniel Humberto Zamora Quijano and his spouse are listed as owners and the plaintiff acts as their representative. This error in drafting the lease is what subsequently serves as an argument to the defendant to refuse to pay the conductive grant from the sixth month and subsequently to refuse to deliver the property on the grounds that the plaintiff did not have ownership of the property had no legitimacy to sign the contract, much less to ask for its restitution. In this summary we will be able to appreciate that the magistrates in both instances, as well as in the Supreme Chamber, have made a due application of the substantive and procedural norm resolving in favor of the plaintiff since the Judge of the Third Civil Court ruled in favor of Renán Eliseo Cabrejos Ramos, protecting his demand and ordering the eviction within six days, and also the payment of costs and costs of the process and the Superior Chamber confirmed said ruling. In this way, the rights of possession of the plaintiff on the property described above have been recognized and preserved, which was inherent to him as a merit of his condition as owner of the same. For its part, the Transitory Chamber of the Supreme Court, upon receiving the extraordinary appeal, made a very precise qualification by noting that although it had met the admissibility requirements it had not met the requirements of provenance while it had not been able to support the infringement incurred in the Sentence of Vista for a supposed lack of motivation, which in truth did not exist, because as it is warned of the content of said resolution it has concretely reflected the reasons for which it was necessary to confirm the sentence of first instance, that is, for having accredited the right of the shareholder to request the restitution of the property and to have verified the precariousness of the site.
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EXPEDIENTE CIVIL N° 651-2014.pdf | 4.09 MB | Adobe PDF | View/Open | |
EXPEDIENTE CIVIL N° 651-2014.pdf Restricted Access | 4.09 MB | Adobe PDF | View/Open Request a copy |
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