La posesión como presupuesto para adquirir la propiedad de un bien mueble o inmueble por el decurso del tiempo y la falta de diligencia del propietario

Abstract

Possession is a legal institution that is regulated in the third section of title I of article 896 of the Civil Code and is defined as the de facto exercise of one or more powers inherent to property. That is to say, the legal institution of possession confers on the possessor one of the property attributes, and to be precise, the right to use or enjoy the good, but not the attribute of disposing of or claiming the good, since these last two attributes are exercised exclusively by the owner of the property. The possession of an asset, for a determined period of time and complying with the requirements established in the substantive norm, can lead to the possessor of the asset becoming its owner, as long as possession of the asset has been exercised as a owner for a period of ten years, in a continuous and public peaceful manner in the case of real estate (extraordinary prescription), possession for a period of five years, having fair title and having acted in good faith (ordinary prescription), in accordance with what is prescribed in article 950 of the Civil Code, in the case of goods is required in accordance with article 951 of the aforementioned regulatory body, continuous, peaceful and public possession as owner is required for two years if there is good faith (prescription ordinary), and by four if there is none (extraordinary prescription). The acquisitive prescription of domain is a legal institution that sanctions the owner of a movable or immovable property that does not act diligently; and does not exercise, the possession of the property of his property during a certain period of time, under the premise that indeterminate legal situations cannot be maintained over time, the acquisitive prescription of ownership has legal security as a legal basis, the same that must be understood as the reasonable expectation of those administered as to how the power will act in the exercise of the right.