El Amparo de posesión efectiva en zonas de riesgo. Portoviejo 2022.

Abstract

This research work analyzes the protection of effective possession in risk areas in the city of Portoviejo, the regulations that regulate said legal institution, as well as the Organic Law of Territorial Planning, Land Use and Management, the COOTAD, the ordinances issued by the Municipal GAD of the Portoviejo canton, in relation to the requirements that must be taken into account when processing effective possession at the Notary, the areas that are considered risky, and the legal consequences that come with processing effective possession in risk areas. For the development of this research, the ways of acquiring ownership of an asset and specifically the effective possession from its origins were analyzed, giving a clear concept of its meaning, its processing before the Notary and its importance of doing so to not have consequences in the future, even more so if you want to carry out the same in a risk area. On the other hand, a survey was carried out on several people who are settled in this type of areas, which allowed us to have a more clear vision. clear about the proposed topic. Finally, this research work provides the necessary elements to conclude that effective possession cannot be carried out in risk areas because the ordinances of the Municipal GAD of the Portoviejo canton indicate what these areas are and the requirements that must be taken into account. account at the time of requesting effective possession.