Prescripción extraordinaria adquisitiva de dominio y el patrimonio familiar

Abstract

Extraordinary domain acquisitive prescription, Is a method of acquisition the things of others that have been in peaceful and quiet possession for a certain amount of time and such possession has been made with the intention or lord and owner over the property in possession. Our current Civil Code in its article 2392 determines this way of acquire the domain, and in the case that the holder has exercised his rights as if he were the owner for more than 15 years, the action of acquisitive prescription extraordinary of domain is viable on his favor since, as time has passed, the holder has acquired this right, which is legal and legitimate, for which fulfilling the legal budgets will concur before a judge, and will demonstrate all the requirements so that it is him, who in sentence declares that he operated in his favor these rights, whose sentences will be his title of property. The Family Patrimony is that unalienable, unseizable, not subject to encumbrance, formed with a limited amount of property, destined to the support and stability of a family, and is recognized by the Constitution of the Republic in its Article 69, number 2, and establishes an amount, conditions and limitations. The constitution of the Family Patrimony is established as one of the institutions to safeguard and protect the patrimony acquired by the ascendants for the benefit of their descendants, it is done with the purpose of protecting the family in a certain social way; but when the family has not somehow fulfilled the social purpose for which it was constituted; such failure may entitle the right to acquire the property through the extraordinary prescription of dominion to the person who owns it; this is the reason that has led to the present investigative work.