La transferencia de posesión : un remedio admitido por el Municipio de Guayaquil en los procesos de titularización objetado por la Corte Nacional y el derecho objetivo ecuatoriano.

Abstract

The regime adopted by the Municipality of Guayaquil, in relation to the securitization of real estate has as main requirement, which is the verification of the quality of the holder in the name of the person requesting his domain, for a time not less than that established in the instruments that empower such activity. However, the Municipality of Guayaquil, when verifying the applicant's possessory act, counts the years of possession of third parties to the applicant, provided that the years of possession have been acquired by the applicant through a title of transfer of possessory rights, either a free or expensive title. However, despite the apparent anthropocentric inspirations with which this mechanism would seem to be conceived, the breach of Ecuadorian jurisprudence is envisioned, which has established the impossibility of adding possessions, despite the existence of a document that proves an alleged relationship, provided that this is not a mortis causa link. It is in this sense that this academic article seeks to recreate a critical vision and possible solutions to the demonstration of possession in relation to municipal awards.