Jurisprudential review of the revindicatory action

Abstract

The right to property is a constitutional right worthy of protection against any interference that tries to be done in it. In recent years, property protection, especially real estate, seems to be diluted, yielding to certain assumptions that the owner cannot face. However, the owner has in his hand actions and means to defend his right, among them, the claim action, real action par excellence, which seeks to return to the owner the possession of what belongs to him and is in the hands of other. This article reviews and critically analyzes the budgets and requirements of this action, in order to see how they have evolved over time and to be able to conclude whether they have relaxed, or on the contrary, they are becoming more and more demanding. diminishing the possibilities of defense of the proprietary owner when trying to recover the property subject to ownership.