Abstract

ZANS DELGADO, Ruby Milena  and  DELGADO OTAZU, Ericson. Infringement of the property right of the spouse owner of the land in the registration of the declaration of building at the expense of the social estate in the Peruvian Civil Law. Derecho glob. Estud. sobre derecho justicia [online]. 2024, vol.9, n.26, pp.349-375.  Epub May 17, 2024. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v9i26.702.

The purpose of this research work was to analyze whether the registration of the declaration of a building at the expense of the social estate violates the property right of the spouse who owns the land in the Peruvian legal system. A qualitative design of dogmatic analytical type was used, through the review of norms, doctrine, pertinent jurisprudence and analysis of two relevant cases. The results highlight that there is a violation of the property right of the spouse owner of the land, due to an erroneous interpretation of the second paragraph of article 310 of the Civil Code. In conclusion, there is an urgent need for a legislative modification of the corresponding civil and registry regulations, in order to protect the right of ownership, recognized and guaranteed by the constitution and the civil system of a property that is already titled and qualified as one’s own.

Keywords : Own property; Social property; Property rights; Joint ownership; Joint property regime; Declaration of construction; CCXX Pleno Registral.

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