THERE IS NO PRIVATE PROPERTY IN PERU

IN PERU THERE IS NO PRIVATE PROPERTY BECAUSE THIS LAW MAKES IT ALL POSSIBLE, THERE IS ANOTHER FORM OF TERRORISM “THE LEGAL TERRORISM” AND MAKES PERU HEAVEN FOR ALL MONEY LAUNDRY AND ALL CORRUPTION OF MAFIAS AND BULLIES INVOLVED IN THE PROPERTY AND LAND TRAFFICING. THE JUDICIARY POWER, THE POLITICIANS AND THE POLICE ARE ALL IN CAHOOTS.

TITLE II - Property

CHAPTER V - Prescription purchasing

Article 950. - Prescription purchasing

The real property is acquired by prescription through continuous possession, peaceful and published as an owner for ten years.

It takes five years if the space just title and good faith.

Subchapter 2.1.

Jurisprudence

If public documents underlying the calculation of the limitation period have been declared void, then the possession of the plaintiff is not eligible to be continuous, peaceful and public during the five years, as in the case of a voidable juridical act, it is void from its conclusion, and having the contested public write merituado has violated due process.

Expressing Article 950 of the Civil Code which real property is acquired for ten years, this implies that possession is exclusive and as owner who claims the prescription, when possession is shared with another individual or company, it is clear that no  exclusive possession as owner

Subchapter 2.3

DEFINITION

Prescription is a way to acquire the affairs of others or to extinguish the shares or rights of others, for having possessed things, or have not exercised such shares and rights for a time and attending other legal requirements. A share or right is said to prescribe when extinguished by prescription.

CHAPTER III

Specific objective

Subchapter 3.1.

WHAT ARE THE REQUIREMENTS TO ACQUIRE PROPERTY BY PRESCRIPTION?

The property is acquired by prescription continuous possession, peaceful and public as the owner for ten years, so that it meets the requirements to acquire by prescription, among which is the owner's own way, having it accredited by actors and recognized by the judge acted in self test.

Subchapter 3.2

The requirements to exercise ordinary acquisitive prescription Are copula?

Article 950 of the Civil Code regulates your first paragraph long or ordinary acquisitive prescription, which for qualification requires that possession be exercised continuous, peaceful and public as the owner for ten years. The text of the rule follows that one must possess as an owner, and that all requirements must be met copulatively in the lapse of time specified in the standard material to be acquired the property, however, it should be noted that possession must exercised as the owner, that is, it holds good with animus domini.

Subchapter 3.3

The requirements to continue this process are

- Demand attorney authorized

- Copy of the applicant's identity document

- Location maps and surrounds OF the property

- Municipal Certification about the owner or possessor

- True copy of registration entry (Last 10 years if the property is urban and five years if rustic)

- Certification that the property is not registered

- Testimony of not less than 3 or more than 6 people, over 25

- Judicial inspection of the property in case of demarcation.

Chapter IV

The Possession

Essential element for the existence of adverse possession. The same can not be considered as existing, if possession is not made by way of owner, for instance, the server would not prescribe possession because possession is contingent upon another, fulfilling his instructions (Article 897 of the CC). On the other hand, either the lease or the usufructuary may prescribe and which in this case is temporary possession under a title.

Subchapter 4. 1

Continuous Possession

Before developing this prescription requirement, we must remember that according to the Peruvian Civil Code the possession is the exercise of one or more powers of ownership, so that the same code prescribes that are powers of ownership: using , enjoyment, and disposition of claim.

Concept. - That which is presented in time without intermissions or ponds. No need, however, that the holder has been in constant contact with good and sufficient that has behaved as does a careful and diligent owner that performs well on the various acts of enjoyment according to their specific

Continuity is POSSESSION of the property without interference, but we must consider the daily acts performed by the holder will depend on the nature of the property, so for example, that it is a property that is occasionally used by the person does not means that continuous possession was interrupted or disturbed, which is why the Civil Code Article 915 says quote: "if the current owner can prove that he possessed previously, presumably possessed in the meantime, unless proven otherwise" .

However, so that lines above we know that the civil code in article 953 º also says, "interrupts the term of limitation if the holder loses possession or deprived of it, but stops this effect if the recovery before a year or if judgment is reinstated. "

To be exercised without interruption in time or having had interruptions recover possession within one year of being stripped of it, meaning that for the configuration of this requirement should not only take into account the time factor but this , possession must be taken at the time of filing the claim, to be an indispensable prerequisite for usucapio ... "

According to Jorge Avendaño is arguable that the latter is a power inherent in the property, the claim is in fact, persecutoriedad expression, which is an attribute that corresponds to any real right, at least for purposes of concept or notion of possession should be considered that the powers of the property are the use, enjoyment, and disposition, therefore everyone who uses is possessed, so is anyone who enjoys these two are actually the powers that shape the possession , the arrangement, although it is also an inherent power to property, give a single, isolated act, so it's hardly possessory expression.

The possession, to see, is an exercise in fact, in opposition to what would be the right in the same Avendaño, as to who has possession is not necessary nor sufficient possession of law, that is, which has been attributed by a contract or by a court. The requirement that the possession amount an exercise in fact, has a second consequence, which rules out any notion of legitimacy and therefore has both the landlord and the usurper. Thus, the possession is very important because it is the content of many real rights.

Subchapter 4.2.

Peaceful Possession

The possession must be free of physical and moral violence. "Be peaceful means that power the thing actually not maintained by force. Therefore obtained even violently, to have peaceful possession passes after cessation of violence that established the new state of things."

The possession of the property must be peaceful at the time of filing the claim of adverse possession, this means that the possession should not be acquired by force, which is not affected by violence and is not judicially originally objected. Lose the peaceful when the owner is sued in replevin action pathway.

About this doctrine coincides with that indicated by Albaladejo, in the sense that once you have finished the violence, just then we can consider that there is peaceful possession to prescribe it. Points out the teacher, to explain that "as what it is violently maintained that the situation has no value (while hard violence) to who attacks another's possession, it must be stated that there are peaceful possession to the defending by force possession tries to snatch another.

Exposes Caperochipi Alvarez, "the title of possession can be altered. The holder on behalf of another may present as having a title of ownership and possession violent, illegal or squatter can become peaceful, public and owner title. Is possessory investment. But investment is not presumed, but, on the contrary, it is presumed that continues to hold with the same title that is acquired. Investment possessory must result from an express and end. adverse possession time begin to count since then. "

What does the peaceful possession?

He can not hide the demand of limitations if the plaintiff has shown that is not occupying the property in litigation peacefully as the owner, which means that must elapse without creating any conflict with the rights of others

Do judicial processes affecting peaceful possession?

Not meet the requirement of quiet possession to acquire the property by prescription if there have been various judicial proceedings between the parties

No peaceful possession when the holder has been defeated in proceedings to challenge administrative decision, annulment of title, in this case, do not meet one of the requirements to acquire the property by adverse possession

Ask Us At This Point Are We Losing The Pacificidad Of Possession When It Is For The Real Owner Defendant After After The 5 O 10 years (He Tried To Short Or Long Prescription, respectively) In Possession Of Property, In The Light That The Possessor No Prescription purchasing demanded this?.

In this sense we must ask whether the adverse possession operates automatically, if the holder becomes the owner by lapse of time or otherwise if judicial declaration is necessary, ie if you need to go to a court to be Property owner will declare

Subchapter 4.3

Public Ownership

It is understood that the adverse possession, works through a do by the owner, that is because it acts on the right as the owner, is more, the holder is presumed owner, then you will not understand the validity of this principle if the possessor acting clandestinely. It is also understood that to be valid possession, the owner should be aware of it and no action.

Dr. Gunther Gonzales Accurate quoting Barrón Hernández Gil, that possession as a fact of physical reality itself as factual situation, there is only about the fact manifests socially. In this regard, illegal possession does not become such, as the word turns out to be inconsistent with the noun it is intended to qualify.

Whoever seeks legal recognition as the owner, can not be hidden or concealed, it can not be based on conduct that is misleading or mere tolerance of the true owner, because the underground is viewed with revulsion, as something evades the natural course of human interactions through the denial of a fundamental social value as is communication.

Public Possession tells us that we must recognize that the requirement that the possession be public is perfectly logical, because what truly distinguishes the exercise of the right of property is its public exercise erga omnes. You can hardly conceive of a publicly held unexercised, especially on buildings. Moreover, the holder possession hiding makes it impossible for interested parties to know the claim it has on the well and, therefore, are not excused from having opposed.

For its part, citing Berastain Papano Quevedo, KIPER, DILLON and CAUSSE, tells us that public ownership is when there is an externalization of the acts of possession, it does act as a right holder.

"The usucapiente is a gainsaying the owner or previous holder. Therefore it is necessary that the possession be exercised so that it can be known by them, for them to oppose it if that is your desire. If they could know that possession for as long as it lasted, and did not, the law presumes them neglect, and possession of usucapiente consolidates ".

Being the teacher last cited illustrative indicates that contrary to public possession is illegal possession, possessory effectively lacking, for example, a person who enters at night to a property for a small hole in the bottom boundary wall , and before dawn is removed from the property. This individual does not acquire the property by prescription because it has been illegal possession. Proof of possession publicity given through the testimonies of the residents, who are the best people to testify if the person relying on the prescription has had a possession of public knowledge.

CHAPTER V

Just title and good faith

In the second part of Article 950 of the CC, states, "that the property is acquired after five years if the space, just title and good faith."

Subchapter 5.1

Just Title

As in the adverse possession, the Code does not define noun is rightly, unlike the 1,852 Code, he considered, "as rightly prescription to purchase any cause enough to transfer the domain".

The claim is unfounded, if the plaintiff bears the title does not transfer ownership. The right title should have the following characteristics: being an act transferring ownership, not subject to ground for nullity, having actual existence and prove their existence.

Title is imperfect, to be such it is essential that the legal act has the purpose of the transfer of title in favor of usucapiente, although presenting some vice or defect can not fulfill this purpose. Just be acquired by prescription usucapiente that the owner owns and holds title to an ownership that has mediated a cause enough to convey the property. Obviously, the only legitimate cause will be effective to justify possession as owner, but not to transfer ownership of vice or defect mercy suffering, which will be remedied by the fact of possession for the period provided by the law.This a legal instrument intended for transfer of ownership, would be perfect in the absence of circumstances beyond the acquirer and own the transferor that prevent effective transfer

Fair is the deed transferring title which in itself would be enough to operate the domain transfer meeting the legal conditions. When the second part of Article 950 of the Civil Code establishes the existence of the right title, it is obvious that even if this is issued by the owner, nothing prevents qualify as such, since it must take into account other circumstances, such as in this case, the fact of the legal impossibility of the subdivision of agricultural property and physical possession for longer than required by law.

Subchapter 5.2.

Good faith

Good faith is an essential element for the existence of short prescription. Our law considers that she, like the right title, are different elements that give rise to the Usucaption have to be together.

Article 914 of the Civil Code, a presumption of good faith who has, initially aimed at furthering the consolidation of factual situations, since in most cases it would be very difficult to prove the existence of good faith, considering that in this case who opposes possession, would be required to prove bad faith on the part of the possessor.

According to the second part of Article 914 of the Civil Code, this assumption is not conducive to the owner when the property is registered in the name of another person, because in this case the domain registration is proof.

If we are to define good faith, we say that is the belief of the possessor to be legitimate by ignorance or mistake of fact or law on the vice that invalidate his title (Article 906 of CC Now, "good faith is not only a 'belief' based on a psychological state (purely internal) holder. itself is the good faith belief, but must respond to the mode of action of a person honest. therefore, good faith can not be founded on a mistake inexcusable, as there a social duty to act diligently. therefore requires that the holder holds the title of acquisition of the property, which can support their 'honest belief. "In short, here not only requires a' good faith belief ', but progresses to a good faith diligence.

Returning to our national legal reality, we have under the Civil Code, there is good faith "when the owner believes in its legitimacy, through ignorance or mistake of fact or law on the vice that invalidate his title" (Article 906 CC). This legal definition is possible to infer the following ideas:

a) Good faith requires him BELIEVE IN THEIR LEGITIMATE holder,

b) Good faith requires that the holder has a TITLE FAIR which melts that belief;

c) Good faith means that the holder is acting out of ignorance or mistake of fact or law

As can be seen from the above elements, good faith is not just a "belief" based on a psychological state (purely internal) holder. Good faith is belief itself, but must respond to the mode of action of a person honest. Thus, good faith can not be founded on a mistake never inexcusable, as there is a social duty to act diligently. Therefore, it is required that the owner holds the title of acquisition of the property, which can support his "honest belief" [89]. Summarizing it can be said that here not only requires a "good faith belief" but advanced to a "good faith diligence". The holder doubt about their legitimacy normally be equated with bad faith, unless the question can only be faded with superlative diligence act is not justified by the circumstances. Verbigracia, the concubine of foreign-born keeper has the recently deceased partner certainly has other heirs in his native country. Dispel this doubt prove an errand not justiciable by the circumstances (excessive spending), so that their negligence should not influence their good faith.

The just title and good faith are two special requirements to operate ordinary acquisitive prescription, but these are not independent. He who wishes to acquire property by prescription must demonstrate regular rightly that in turn serve as the basis of presumption of good faith.

Now, as stated in article 907 of the CC, good faith only last until circumstances allow the holder has legitimately believe that in any case until it is notified of the claim, if it is founded.

For extraordinary prescription is only necessary to prove useful for usucapir possession, ie possession meets all general requirements (continuous, peaceful, public and as owner), without having to prove the legal appearance just title and good faith).

CHAPTER VI

Object of prescription

It consists of the consolidation of a state of fact, for the content of a right, through the passage of time. You must understand that real rights are generally possible, may be acquired. Thus, for example, is basically to give legal certainty to a property.

Are Susceptible De Usucaption: Can only be prescribed assets and obligations are in commerce, except as otherwise provided by law. Example of goods that may be prescribed: real estate, real property, etc..

CHAPTER VII

Terms to prescribe a property

The real estate are prescribed:

? In five years, when they possess owner concept in good faith, peaceful, continuous and publicly;

? In five years, when the buildings have been the subject of a registration of possession;

? In ten years, when they are held in bad faith, if possession is owner concept peaceful, continuous, public

Conclusions

a) Who has a well as having immediate is in ability to acquire the property by prescription, because in such a situation can have as owners, similar situation arises who has a well without any title.

b) Who has a well as having immediate, not in ability to acquire the property by prescription, since no one who is legally bound to another with an obligation of delivery of goods, or paying a fee for use, may have as owner.

c) The exercise of immediate possession on a good, entitles the holder to make clear that as the owner owns.

Recommendations

He advises anyone who wishes to acquire the ownership of property by way of adverse possession, to emphasize compliance with the Civil Code is, prove by witnesses or other evidence in lawful possession of the property, may also exhibit at trial receipts for electricity, water, telephone or any written to prove the occupation of the property for alleged lapses, it is important to note that adverse possession does not operate when people have handled possession he were the owner, as is the case the tenant, as this even if precariously occupying one hundred years an asset may not use adverse possession to be subject to a higher law which is the property of the owner of the thing.

Bibliography

Civil Code and Civil Procedure Code

E.I.R.L. Grijley Codes

Seventh Edition - 2006 (1131 Comprising PAGES.)

Lima - Peru

on July 9, 2008

http://lawiuris.wordpress.com/2008/07/09/prescripcion-adquisitiva/

http://prescripcionadquisitiva.soy.es/terminos-para-prescribir-un-inmueble/

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