Humanities

What is usucapion? »Its definition and meaning

Anonim

Usucaption is a term used to suggest the act of acquiring a property or an object thanks to possessing it for a long period of time, that period of time is set by the law of each region, at the moment in which the individual exceeds that automatically stipulated time the property or object in question becomes directly own; This type of law was implemented mainly for the acquisition of houses that have been rented to them for a long time, so that said property is declared as the property of the person who fulfills the role of "tenant", totally ignoring the payments that he himself did monthly to gain access to the occupied property.

According to the point of view from which the act of usucapion is viewed, there are two fervent theories: in the first place, the objective theory stands out, it defends that the acquisitive prescription (or usucapion) must be executed so that all the properties of a certain region have a present and visual owner, so that this is recognized by the other inhabitants of the area and exponentially decrease the number of "abandoned" houses, as well as the exercise of the invasion; In the case of the houses that are rented, their visual owner will be the one who is really living in that house.

Now if it is observed subjectively, it is seen as the resignation that the owner has in front of that property, because in the eyes of this law if it is rented for a long period of time to the same person it is simply because the owner real does not need it. The contraindication of defending this law subjectively is that if the owner of the house shows defensive behavior and rejection of the loss of his property, the right of usucaption is simply invalidated, because the property is fundamental for his legitimate and initial owner.

The person who acquires an asset through usucapion is known as "usucapiente", the same name applies to both types of acquisitive prescription: ordinary, when the property title is granted for acting in good faith or possessing papers that thus prove it; or the extraordinary one, in which the person relies solely on practicing possession (this applies in case of invasions).