Abstract

AGUIRRE-ESPINOZA, Gabriela Emperatriz; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Resolution of property disputes through effective possession. Noesis [online]. 2025, vol.7, n.esp1, pp.1032-1045.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.464.

Effective possession in Ecuadorian notarial and registration law is a crucial mechanism for resolving property disputes and transferring assets from deceased persons to their heirs, thereby ensuring legal certainty. It prevents litigation by formalizing and registering transfers, thereby avoiding legal inconsistencies and errors in ownership that would affect stability. The research highlights the preventive role of notaries in clarifying rights and responsibilities. This possession proves to be an effective solution, especially when supported by documentary evidence such as deeds, acting as a clear indicator of ownership that favors possessors in disputes. The need for an integrated approach combining preventive and resolutive strategies to promote a solid legal framework for property management in Ecuador is emphasized.

Keywords : Effective possession; notarial and registration rights; resolution of property disputes; legal certainty..

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