Ownership as the Budget of a Good’s Acquisitive Presumption

It is known in law that a mean to acquire a property is the acquisitive presumption, that concretely in our civil legislation has been regulated under the assumption of a positive acquisitive presumption. Acquisitive presumption according to what’s established in article 1135th is a mean of acquiring goods or free oneself of obligations, through the running of a period of time and under the conditions settled by the law. Commodity acquisition in virtue of possession is called positive acquisitive presumption; the release of obligations, in case is not fulfilled, is called a negative acquisitive presumption.

For current effects, we will focus exclusively in analyzing the acquisitive presumption, which is linked to possession for the time being so that the interested party can acquire through statute of limitations must be precisely that which is in possession of such commodity discuss in the transaction. Possession over a commodity must be in a range of time uniquely to each case which is also indispensable for the statute of limitations to operate, understanding as possession to the power that an individual has over an object, in its case the use of rights.

 

According to article 1151 of the Civil Rights Code, possession necessary to acquire must be:

1. The concept of owner. Refers to the function of the owner to make ownership acts over the thing that it intends to presume, such function of property concedes under a joust title and not by generator causes of derived possession, independently that because on any vice of such title, ownership is not acquire.
2. Establish in its 823rd article of the Civil Code, which argues that peaceful possession is that acquired without violence.
3. A continuous possession is that which hasn’t been interrupted because of the owner losing the object or its rights for over a year, either by legal sue or any other mean of legal intervention notified to the owner. Or because of the person which the acquisitive presumption is being aimed express or indirectly gives away the rights to the possession against the acquisitive presumption, in either case the new acquisitive presumption term is born.
4. It’s one that’s enjoyed in a way known to everyone.

 

In this train of thoughts articles going from 1152nd to 1155th of the Civil Code establish the cases in which ranges apply so that a positive acquisitive presumption proceeds, either being real estate or has been good or bad faith from the owner or even violence up to felony, to acquire the acquisitive presumption consequence of the period of possession so in a way that such periods are listed relating to the former:

1. It will be three times increased for the period marked in fractions I to III, if its shown, by for whom has lawful interest, that the owner of a rural farm land hasn’t been cultivated by over the time of its possession, or because, of an owner of an urban farmland neglect repairs, or has been inhabited the majority of time that has been own.

1153rd Article. Real states are acquisitive presumptions in three years when are own in good faith, peacefully and continually. Missing good faith will be extended to five years.

1154rd Article. When possession is acquired through means of violence, even if it’s seized and possession continues peacefully, the period for statute of limitations will be of ten years for real estate and five for properties, starting from the end of the violent acts.

1155th Article. Acquire possession through means of felon will be accounted for acquisitive presumption starting from the date which the sentence has been completed or the end of legal prosecution, considering it as bath faith possession.

Is in this sense that these requirements are necessary for possession to be in an acquisition through acquisitive presumption, so that, if you are knee deep in a similar problem, consider that Bandala & Associates, is a firm which counts with trained personnel with the higher standards of quality, professionalism and commitment for safekeeping of your interests.