Citas bibligráficas
Crisanto, D., (2022). Adquiriente del bien inmueble por prescripción adquisitiva, frente a tercero de buena fe que adquiere el mismo inmueble de titular inscrito en el Registro Público, Lima 2021 [Universidad Peruana de las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/1732
Crisanto, D., Adquiriente del bien inmueble por prescripción adquisitiva, frente a tercero de buena fe que adquiere el mismo inmueble de titular inscrito en el Registro Público, Lima 2021 []. PE: Universidad Peruana de las Américas; 2022. http://repositorio.ulasamericas.edu.pe/handle/upa/1732
@misc{renati/5312,
title = "Adquiriente del bien inmueble por prescripción adquisitiva, frente a tercero de buena fe que adquiere el mismo inmueble de titular inscrito en el Registro Público, Lima 2021",
author = "Crisanto Varona, Doris Clemencia",
publisher = "Universidad Peruana de las Américas",
year = "2022"
}
The present investigation related to the ACQUIRER OF PROPERTY BY ACQUISITI OPPOSITE PRESCRIPTION, OPPOSITE THIRD IN GOOD FAITH THAT ACQUIRES THE SAME PROPERTY FROM THE OWNER REGISTERED IN THE PUBLIC REGISTRY, LIMA 2021, this topic was taken as an object of study because in our country and in the world there is a conflict between both legal figures dating from many years ago, and, is still in force, being our objective, to analyze the rights of the acquirer protected in good faith and registry publicity, opposite the rights of the acquirer by purchasing prescription, in the year 2021; Based on existing studies, comparative law, analyze, and then reach dogmatic conclusions rather than statistics, about who has the greatest right under the law, who acquires a property by possession, continuous, peaceful and public, that is, by acquisitive prescription, or the third party in good faith who acquires the ownership of the same property, protected by the publicity provided by the public registry. The present investigation is of a legal-social type, descriptive, qualitative, hermeneutical level. The research method used is the inductive - deductive and analysis - synthesis method, based on the analysis of documents, previous and current, national and international works, which have been contrasted with the current norm in our civil code, penal code, latest modifications and clarifications made to article 2014 of the civil code, in a sentence issued by the Constitutional court and with the norms and jurisprudence related to our object of study. In our legal system, the legal figure of the acquisitive prescription, once registered in the registry, has ERGA ONMES effects; being opposable and having primacy over the acquirer in good faith who acquires from the owner registered in the registry; The only exception being subject to judicial review and its effects annulled when it has been proven in criminal proceedings that there was a crime, involving criminal law, an emblematic example in our country, is the Orellana case, which involved arbitration centers, public registrars and various professionals who were discovered to have formed a network of corruption, which appropriated real estate using various modalities, used forged powers or titles, or via acquisitive prescription, or, of the owner registered in the registry, harming the true owner who he occupied the property with just title, his grave error being not having registered his ownership in the public registry. Currently trying to avoid this type of crime, RENIEC has implemented technological innovations for a better identification of people; Forged public deeds are given to a lesser degree, and the impersonation of persons has been annulled, but, the problem of fraudulent purchasing requirements, and the problem of “good faith“ third parties who acquire the same property as the registered owner public, it is still valid. Due to the aforementioned, the subject should not be taken in a very paramented way, but rather, that it has several edges, many of these have been specified in the last resolution of the Constitutional Court, modifying part of article 2014 of the Civil Code, on the rights of the third in good faith.
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