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Análisis jurídico de la prescripción adquisitiva extraordinaria de dominio de los bienes mostrencos en el cantón cuenca periodo 2022-2023
(Universidad Católica de Cuenca., 2024) Chávez Huanga, Daniela Carolina; Palacios Vintimilla, César Patricio; 0107411985
The research focuses on analyzing the extraordinary acquisitive prescription of ownership of the unclaimed goods in the Canton of Cuenca; since this type of property does not have an owner, the law provides that they belong to the State or some Decentralized Autonomous Government. However, its application in judicial cases is usually complex, even though the Constitution of the Republic determines the right to property in all its forms, and the Civil Code expressly states that any good can be prescribed as long as it is within human commerce and that the rules and requirements provided for by civil law are met. The Organic Code of Territorial Planning also defines unclaimed goods as assets with no owner. In that sense, the demand for extraordinary acquisitive prescription of ownership of unclaimed goods must be sued by the ordinary procedure regulated in the General Organic Code of Processes.