Bienes mostrencos en cantones Gualaceo, Cañar y Cuenca, estudio comparativo desde la entrada en vigencia del Código Orgánico de Organización Territorial, Autonomía y Descentralización.

Abstract

The objective of this investigative work was to determine the public administrative power to legalize real estate to private persons who lack a domain title, by the Decentralized Autonomous Governments of the Gualaceo, Cañar and Cuenca cantons. As part of the methodology used, the synthetic analytical method and the inductive-deductive method were considered, since three cases were analyzed, one from each canton. In this analysis, it was evidenced that the sentences issued in the framework of the irregular prescription of common goods end up confirming that the prescription governs both the substantive law and the governing law (adjective). Finally, it is recommended to reform article 70 of the Organic Law on Land Use and Management.