El amojonamiento y deslinde en los sectores rurales mediante la vía notarial

Abstract:

The present research work reveals and provides a broad view regarding the analysis of the legal figure called "Amojonamiento y delinings in rural areas through the notarial via", as well as its procedure, since it is one of the exclusive powers of the notaries in our country, according to the provisions of the Ecuadorian notarial law in force. Because the legislator has considered that certain voluntary procedures, in which there is no conflict of interest between the parties involved and a party praying, are authorized by the Ecuadorian notary or notary, in order to decongest the judicial process. In this way, the present monograph is composed of four chapters, in which an exhaustive investigation and analysis is carried out on the legal aspects of the proposed topic. The following is a detailed reference to the location and conceptualization of the demarcation and demarcation in the Ecuadorian notarial system, to subsequently develop each of the concepts, requirements and procedure that this legal figure comprises, as well as the analysis of the demarcation of boundaries and its judicial procedure, its treatment in the comparative legislation of Colombia and Argentina, as well as a brief study of the possible knowingly simulation by the petitioners of this legal institution, as well as the treatment of practical cases related to the subject of the present research work. For the development of this research work, I consider it necessary to treat the current Ecuadorian notarial law, the Civil Code, the General Organic Code of Processes, etc. Thus, as the criterion of several doctrinal scholars of Civil Law. Interviews were also conducted with judicial and notarial officials, such as: Dr. Pablo Valverde Orellana, president of the Provincial Court of Justice, and Dr. Juan Carlos Cabrera, Judge of the Civil Judicial Unit of Cuenca, as well as Dr. Mauricio Barros, current president of the Association of Notaries of Azuay, and finally we also have conclusions and recommendations.

Año de publicación:

2018

Keywords:

• DERECHO CIVIL
• Demarcacion
• Amojonamiento
• Atribuciones Exclusivas
• Deslinde
• Simulacion
• Procedimiento
• Via Notarial

Fuente:

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