LA IDENTIFICACIÓN DE LA FINCA RÚSTICA A EFECTOS DE ACCIÓN REIVINDICATORIA: UN ESTUDIO JURISPRUDENCIAL

Abstract

The paper I submit to the journal for study conducts a jurisprudential review of a question that has received little study as such but has been thoroughly addressed by our courts: the identification of rural properties for purposes of property disputes. When is a property considered delimited, and when can it be assured, without fear of doubt, that the claimed thing is fully identified and is, indeed, the property of the claimant as claimed? Can the Property Registry's information on facts be relied upon for identification purposes? And can the Cadastre's maps be relied upon? How? To all of this we hope to provide an answer that has at least been tested, to offer a solution, without ever losing sight of the jurisprudential referent. We begin our paper with a brief summary of doctrine on the question (necessarily brief: there is no actual in-depth treatment), and we then review the court rulings most relevant to the subject. We conclude with some personal reflections that offer our opinion after the reflection offered previously.