Prescripción extraordinaria adquisitiva de dominio y el patrimonio familiar.

Abstract

Extraordinary acquisitive prescription of domain is a legal mechanism that allows a person to obtain ownership of a property through its continuous, public, and uninterrupted possession over a certain period as established by law. This mechanism presents significant challenges when applied to assets that form part of the family patrimony, as this patrimony is afforded special legal protection designed to ensure the security and well-being of the family. This article analyzes the relationship between acquisitive prescription and family patrimony, exploring the legal foundations of both concepts and proposing reform measures to protect family assets from prescription. It also examines the legal procedures for constituting family patrimony and the challenges arising from acquisitive prescription of domain.The family patrimony and its relationship with extraordinary acquisitive prescription of domain present a legal conflict between the special protection granted by law to assets intended for family welfare and the right of third parties to acquire property through prolonged possession. In Ecuador, although Article 1315 of the Civil Code prohibits prescription on family assets, it is permitted in cases of abandonment or failure to fulfill their social function, creating legal uncertainty due to the ambiguity of these concepts.The issue is exacerbated by ambiguous judicial interpretations that have allowed prescription in certain cases, highlighting the need for legal reforms to ensure clearer and more effective protection of family patrimony against potential legal violations.