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The present research is entitled: Feasibility of usucaption against registration in the Dominican real estate registry system, and is based on the protective force granted by the State to the first registration, product of the reorganization process, which purifies the right and individualizes the property, before entering the registry for the first time, and in the individualization of the property product of the demarcation process, in the case of portions of parcels covered by annotated proofs. Possession is also analyzed, which grants possessory legitimacy as a form of publicity, as opposed to registry legitimacy, as a result of registration. Is it feasible in the Dominican system for a possessor to acquire by usucaption a property right already registered in favor of another person? In this case, the legal security would be in a tightrope, since the registration would be invalidated, which is guaranteed by the State and is the product of a great purification of the right, either in the process of reorganization or in the process of demarcation.
About the author
Ariella Adames Rojas, professora na Universidad Federico Henríquez y Carvajal (UFHEC), advogada, consultora jurídica.
