The interdict of new buildings and its differences with actions for summary protection of possession(injunctions)

Abstract

The former injunction was born as a quick and summary recovery action without prejudging or analyzing the title by virtue of which it was owned against the dispossessor. It is/was an eminently possessive action, possessing and being disturbed or deprived of possession being sufficient to interpose it and recover peaceful possession. When the disturbance in possession is due to a work or construction, the question arises as to whether it is appropriate to file an injunction to retain or a new construction injunction. We analyze their differences in light of the most recent jurisprudence. Likewise, we stop at the examination of the different assumptions between the interdict of new construction and that of ruinous construction.