Conciliation in the preliminary hearing of the trial of extraordinary prescription of domain

Abstract

In Ecuador, the extraordinary acquisitive prescription action of domain aims to guarantee the right to property; as observed within our legal system, the same one that establishes the ways of acquiring ownership of a property, regulations that establish that “The ways of acquiring ownership are occupation, accession, tradition, succession due to death, the prescription, and by an enforceable judgment of domain extinction in favor of the State” (Civil Code, 2005, Art. 603).  

Therefore, according to article 2392 of the Civil Code (2005), it states that,  

“Prescription is a way of acquiring the things of others, or of extinguishing the actions and rights of others, because the things have been possessed, or said actions and rights have not been exercised.”, for a certain time, and the other legal requirements are met” (Art. 2392).  

On the other hand, authors such as Rojina (1994) refer to prescription as a method of acquiring properties, currently being a form of acquisition of goods by possession as owner, peaceful, public and continuous, which has occurred for a certain period of time.  

For the above reasons, the extraordinary acquisition of ownership prescription is the way to acquire property, through the action contemplated in article 2405 of the Civil  

Code, which refers to the topic at hand and;  

For this action to operate, it is necessary to be in possession of the thing, for a  

certain amount of time and with the spirit of lord and owner, consequently, the owner of the property has stopped exercising his right over that property during the time that the property law allows, and also fails to comply with its obligations regarding the property, granting in a factual manner, to the possessor the exercise of these rights and obligations as if he were the owner, who can obtain ownership by observing the procedure established in the General Organic Code of Process.