El derecho a la seguridad jurídica respecto a los Bienes inmuebles en los procesos de prescripción Extraordinaria de dominio

Abstract

The purpose of this research work is to analyze and determine whether the absence of an express legal norm that demands the summons to the State as a procedural interested party, in lawsuits directed against the so-called unknown heirs and related to transferable rights and / or property rights over Real estate, especially those relating to causes of extraordinary prescription for ownership, violates the constitutional principle of legal security and other intrinsically related such as the right to defense and due process. In this context, the constitutional principle of legal security is conceived as respect for the Constitution and the law, through clear and precise rules in its mandate. By virtue of the aforementioned, the rules for summoning unknown heirs do not contemplate the possibility of considering the State, as an interested party, according to the succession rules expressed in article 1023 of the Civil Code. Therefore, the lack of legal regulations of an express nature that requires its summons, may violate legal security and the certainty of certain predictability in the law. In the present investigation the qualitative method was used, through the single case study research instrument, an analysis of Judgment No. 019-14-SEP-CC was carried out; By means of a content analysis instrument, extracts of citations of lawsuits on extraordinary prescription of domain were collected; and, through the interview instrument, the position of two judges regarding the subject under investigation was collected. By way of conclusion, it was determined that the State should be cited in cases related to unknown heirs, in accordance with the rules of intestate succession. However, it is an obligation of the judge as procedural guarantor, to verify all the necessary requirements in order to carry out the summons in strict adherence to the law.