LA REIVINDICACIÓN ( RECURSO DE APELACIÓN- COGEP)

CLAIM 1. The plaintiff in a claim for recovery must prove his or her status as owner. The plaintiff who files a claim for recovery has the obligation to justify his or her ownership of the property he or she is seeking to be returned to him or her, since there is a presumption that the possessor is the owner, in accordance with the provisions of the second paragraph of Article 715 of the Civil Code. 2. The claim for recovery is directed against the current possessor. Therefore, the plaintiff must prove that he or she is the owner and not in possession of the property in dispute; possession of which is in the possession of the possessor. Possessor refuses to return the property to its rightful owner. 3. That the property is capable of being claimed. The plaintiff, when proving ownership of the property with duly registered titles, must identify its boundaries, area, appurtenances, etc., in order to establish a complete coincidence with the property possessed by the defendant. #ExpertsInClaimingYourRights We want to be your best ally when it comes to resolving those legal issues that affect you and prevent you from moving forward as you wish... We make it easy, ethical, and legal... for everyone. Dr. Jose Javier Quiroz H.C. President of the Ecuadorian Legal Foundation/Director of the Quiroz & Associates Law Firm: 0998570802