In this article, the author proposes to expand the concept of property that is currently held under Constitutional law in Peru. Specifically, he proposes to protect the right of possession that communities hold over informal housing as part of the constitutional right to property. This right of possession, as the author states, consists of factual control over the asset and the recognition of this control by the community to which the individual belongs.The article confronts two apparently contradictory realities. On the one hand, almost 50% of the houses in Peru have a legal property title. On the other hand, the jurisprudence of the Constitutional Court has repeatedly indicated that the right of possession is not part of the constitutionally protected content of the right to property. In other words, almost half of&n...

After 40 years of effectiveness of the 1984 Civil Code, the author reviews and questions the group of rules that regulate the transfer of property in Peru. Taking into special consideration the fact that the general rules of transfer of property in the book of Real Estate Law (‘Derechos Reales’) have not had any modification since its issuance in 1984, the author develops these rules together with those that complement our system of transfer of property, and the main discussions that have taken place on these matters in the last 40 years. In each case, the coherence of the system and the relevance of potential modifications are evaluated. The author proposes concrete reforms to this section of the Civil Code in order to ensure the adaptability of the rules of property transfer to new times.

In this article, the author proposes to expand the concept of property that is currently held under Constitutional law in Peru. Specifically, he proposes to protect the right of possession that communities hold over informal housing as part of the constitutional right to property. This right of possession, as the author states, consists of factual control over the asset and the recognition of this control by the community to which the individual belongs.The article confronts two apparently contradictory realities. On the one hand, almost 50% of the houses in Peru have a legal property title. On the other hand, the jurisprudence of the Constitutional Court has repeatedly indicated that the right of possession is not part of the constitutionally protected content of the right to property. In other words, almost half of&n...

After 40 years of effectiveness of the 1984 Civil Code, the author reviews and questions the group of rules that regulate the transfer of property in Peru. Taking into special consideration the fact that the general rules of transfer of property in the book of Real Estate Law (‘Derechos Reales’) have not had any modification since its issuance in 1984, the author develops these rules together with those that complement our system of transfer of property, and the main discussions that have taken place on these matters in the last 40 years.In each case, the coherence of the system and the relevance of potential modifications are evaluated.The author proposes concrete reforms to this section of the Civil Code in order to ensure the adaptability of the rules of property transfer to new times.

In this article, the author proposes to expand the concept of property that is currently held under Constitutional law in Peru. Specifically, he proposes to protect the right of possession that communities hold over informal housing as part of the constitutional right to property. This right of possession, as the author states, consists of factual control over the asset and the recognition of this control by the community to which the individual belongs.The article confronts two apparently contradictory realities. On the one hand, almost 50% of the houses in Peru have a legal property title. On the other hand, the jurisprudence of the Constitutional Court has repeatedly indicated that the right of possession is not part of the constitutionally protected content of the right to property. In other words, almost half of&n...

After 40 years of effectiveness of the 1984 Civil Code, the author reviews and questions the group of rules that regulate the transfer of property in Peru. Taking into special consideration the fact that the general rules of transfer of property in the book of Real Estate Law (‘Derechos Reales’) have not had any modification since its issuance in 1984, the author develops these rules together with those that complement our system of transfer of property, and the main discussions that have taken place on these matters in the last 40 years.In each case, the coherence of the system and the relevance of potential modifications are evaluated.The author proposes concrete reforms to this section of the Civil Code in order to ensure the adaptability of the rules of property transfer to new times.

What is the legal status of acquisitions by ‘nonowners’? Do they have constitutional protection? Does good faith relate to this? If so, would possessory verification be established? The purpose of this roundtable is to answer these and more questions so that the reader can contribute to the debate in the area of real estate.

What is the legal status of acquisitions by ‘nonowners’? Do they have constitutional protection? Does good faith relate to this? If so, would possessory verification be established? The purpose of this roundtable is to answer these and more questions so that the reader can contribute to the debate in the area of real estate.

What is the legal status of acquisitions by ‘nonowners’? Do they have constitutional protection? Does good faith relate to this? If so, would possessory verification be established? The purpose of this roundtable is to answer these and more questions so that the reader can contribute to the debate in the area of real estate.