REAL ESTATE CLAIM ACTION. COMPARISON OF OWNERSHIP TITLES. GOOD FAITH OF THE ACQUIRER
REAL ESTATE CLAIM ACTION. COMPARISON OF OWNERSHIP TITLES. GOOD FAITH OF THE ACQUIRER

Summary/Abstract: A direct legal means of civil law used to defend principal real rights is the claim/recovery action. In practice, the claim action is often preceded by a request addressed to the court to annul the defendant's title of ownership. The first mechanism for resolving the dispute when there are two titles of ownership is to compare the titles and analyze the successive transfers of ownership titles. If, in the analysis of these transfers, the absolute nullity of an ownership title is found, then the principle of annulling the subsequent act as a result of annulling the initial act applies. The principle "error communis facit ius" becomes applicable when, although the circumstances of concluding the legal act would require its annulment for non-compliance with legal conditions, what prevails is the good faith of the beneficiary of that act, who was in a common and invincible error, trusting in what we designate under the term "appearance in law”. An exception to the imprescriptibility of the real estate recovery action is provided by art. 860 of the Civil Procedure Code. The acquisition of the property following a public auction sale confers on the successful bidder a special situation regarding any eviction actions brought by third parties.

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