Aproximación teórica a una metodología para avaluar el derecho de posesión en el marco del código general del proceso

Abstract

This document seeks to develop a theoretical approach a work to achieve the right of possession, taking into account recent legislative changes, such as the entry into force of the General Code of the Process (hereinafter CGP), a rule that settled the theoretical discussion about possession was a fact or a right, because expressly the possibility of seizing possession (property right). Under this conceptual framework, a brief summary of the theoretical aspects of the regulation of ownership, possession and prescription of the acquisition with the terms will be developed, to then enter into the substantive issue, which is the existing regulation in the appraisal of the investigation, the study of the proposals and the national doctrine against the appraisal of the possession, to finally present the information that is proposed to make the appraisal of the possession. It should be noted that in the development of this research focuses on real estate, although you can refer to movable property, the main reader the main focus on real estate. On the other hand, the approach has been the same as the present that is presented in the following lines, is in the function of the office of the appraiser, that is, it is presented in a didactic form and without technicalities of the law, but with the clear concepts for any professional who exercises the workforce of the aesthetic appraiser in the ability to understand this theoretical approach to information to assess the possession.