USUCAPION AS A MEANS OF DEFENCE AGAINST A CLAIM PROCESS
Analysis of the counterclaim of usucaption in the face of a claim process
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The present work of investigation structures its analysis of study in the legal institutions of acquisitive prescription of dominion, claim and counterclaim, since, as it has been noticed in judicial seat, rules of procedural nature are being applied, before those of Constitutional nature; specifically in the assumption of a claim of claim, in which the passive subject counterclaims the pretension of acquisitive prescription; However, the Civil Courts, without making a pronouncement on the merits, are declaring such claim inadmissible due to the application of two assumptions of procedural con...
The present work of investigation structures its analysis of study in the legal institutions of acquisitive prescription of dominion, claim and counterclaim, since, as it has been noticed in judicial seat, rules of procedural nature are being applied, before those of Constitutional nature; specifically in the assumption of a claim of claim, in which the passive subject counterclaims the pretension of acquisitive prescription; However, the Civil Courts, without making a pronouncement on the merits, are declaring such claim inadmissible due to the application of two assumptions of procedural content, i] the incompatibility of procedural channels; and, ii] the absence of connection between the petitions of both claims; thus, in the present investigation we will analyze the ipso iure nature of the acquisitive prescription of ownership and the possibility of hearing in the same procedural channel, a claim that is processed in an abbreviated channel.
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