Bibliographic citations
Avalos, K., León, H. (2020). La sucesión de la posesión mediante una interpretación extensiva del artículo 660° del código civil peruano [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/19404
Avalos, K., León, H. La sucesión de la posesión mediante una interpretación extensiva del artículo 660° del código civil peruano []. PE: Universidad Nacional de Trujillo; 2020. https://hdl.handle.net/20.500.14414/19404
@misc{renati/879040,
title = "La sucesión de la posesión mediante una interpretación extensiva del artículo 660° del código civil peruano",
author = "León Cabanillas, Héctor Anthony",
publisher = "Universidad Nacional de Trujillo",
year = "2020"
}
ABSTRACT The objective of this investigation is to establish that in the current Peruvian Legal System, it is possible that the legal figure of "Succession of Possession" will be applied; that is, that the possession can be transmitted to the heirs from the moment of the death of the deceased. The procedure used was: First, carry out a rigorous study on the concepts that address such roblems. Second, to study the position of some of the national and foreign jurists regarding the Legal Nature of possession. Third, to analyze a Judgment issued by the Supreme Court of Justice of the Republic and a Judgment issued by the Third Civil Chamber of Trujillo, the same ones that pass judgment on this subject applying the legal figure under study. Finally, various foreign laws that regulate the legal status of this thesis were reviewed; noting that its application in the Peruvian Legal System is possible. To achieve the objectives described in this research, logical and legal methods were used. Among the logical methods used are the analytical, deductive, inductive and synthetic method. While the applied legal methods were the dogmatic, hermeneutical and comparative method. Likewise, for the development of this thesis, research techniques such as bibliographic analysis and document analysis were used. In addition, the instruments used were the bibliographic sheets and the document analysis guide, besides interviews. Among the most outstanding conclusions, we can affirm that through an extensive interpretation of article 660 of the Peruvian Civil Code, it is possible to consider that the possession of the deceased is transmitted to the heir at the very moment of the opening of the succession. It is also concluded that, if this legal figure is applied, it will be avoided that a fortuitous case, such as death, will extinguish the possession period of the deceased to obtain ownership of a property through the Usucaption; this because the possession will continue at the hand of its heirs.
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