The processes of reclaiming property and their impact on the right to property in Ecuador

Abstract

The research aims to cover the impact on the constitutional right of property in the processes of claiming real estate in Ecuador, particularly when the owner, despite holding a right legitimately established by fair title, must wait long periods for its restitution. It is then proposed, as a general objective: To contrast the serious impact on the right to property suffered by the owners of real estate that, for some reason, often in an arbitrary and clandestine manner, is under the control of possessors mostly in bad faith, against the executive processes where the right is contained in the title, but these do not admit Extraordinary Appeal of Cassation. Which is achieved through a qualitative approach, supported by analytical-synthetic, exegetical and inductive methods, through normative, doctrinal and jurisprudential analysis. As a result, an inconsistency is identified between the constitutional protection of the right to property and its procedural treatment in claims trials, which generates a patrimonial and social impact on the owner. Finally, regulatory reform guidelines are proposed aimed at harmonizing civil legislation with current constitutional principles.