Action for damages against the possessor in precarious of a real estate property

Obligaciones y contratos

Abstract

This paper analyzes the possibility of the legitimate possessors of a property claiming damages in court of justice against the person occupying the property for the time that has elapsed without having been able to enjoy it. To this end, it attempts to find answers to the following questions: 1) Is it possible to bring such an action and what would its legal basis be? 2) What concepts would be eligible for compensation and how would the compensation be quantified? 3) What are the main features that characterize this action from a procedural point of view? 4) Is it feasible to combine in the same procedure the action for compensation and the action for eviction for precariousness which, in the author’s opinion, is the most suitable for recovering possession of the property? Once all these questions have been analyzed, the work ends with the formulation of a set of conclusions on the subject.