La procedencia de la prescripción adquisitiva de dominio sobre bienes constituidos en patrimonio familiar.

Abstract

The family patrimony is a legal figure that looks to protect and protect the basis of society, which is the family. However, as will be analyzed in the course of this work, there may be specific cases in which, according to the researcher's criteria, it is possible to lift this legal figure, if it is not fulfilling its social purpose. Thus, distorting what has been said by the jurisprudence. One of the criteria that could lift the veil of this protection is the acquisitive prescription of ownership, saying that it is a way of getting ownership. The acquisitive prescription of ownership can be ordinary or extraordinary depending on the specific case, in the present work we will focus on real estate. The jurisprudence of the National Court of Justice shows that the real estate that is constituted in family patrimony is unseizable because it fulfills the purpose of the legal form, which is the protection of the family from the point of view of the society. However, just as there is the jurisprudential criterion of the court denying the right of the real property to a third party for not complying with the requirements of being a good of human commerce for being constituted in family patrimony; there is the jurisprudential criterion granting the real property right to a third party if it does not comply with its social purpose.