La posible vulneración del derecho de propiedad por la presentación de acciones de prescripción adquisitiva extraordinaria de dominio

Abstract

The trials of extraordinary acquisitive domain prescription, in the vast majority of cases consist of several substantial aspects in which the rights of the defendant or defendants are significantly exposed for a possible violation of the same within the respective judicial process. The research used a qualitative approach, using the methods: inductive, analytical-synthetic, documentary modality, the information collected was analyzed and synthesized, explaining each of the perceptions, through jurisprudential writings, national and international regulations, to comply with the object of analysis. The results revealed that the right to private property is violated, because the legitimate owner in certain specific cases is not even aware of the lawsuit against him, such as what happened in the following judicial processes signed with the number 01333-2021- 09186, 01333-2021-05578, 01333-2021-08484, 03332-2022-00125 respectively. In these judicial processes, it is directly observed that there is bad faith on the part of the actor, in complicity with one of the defendants' parties, due to the fact that he presents demands for extraordinary acquisitive prescription of ownership, he processes them intentionally, evading certain solemnities of the procedure, in addition to misusing special powers, presentation of evidence obtained fraudulently, among other aspects, all this in order to obtain real estate, which in Law and morally does not correspond to it.