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- Title
Presunción de inmuebles baldíos carentes de antecedentes registrales y de titulares de derechos reales.
- Authors
Gonzalez Flórez, Flor Margoth
- Abstract
The theories of the Constitutional Court and the Supreme Court of Justice are explained to determine the legal nature of real estate that does not have a record or real rights, in respect of which the declaration of belonging is requested. The work concludes that the legal regime of vacant property in Colombia, with Law 160 of 1994, corresponds to the model of "adjudication title", and consequently, contrary to what is established in Law 200 of 1936, the presumption was stipulated of domain of the State. Therefore, when the property does not have a record, the judge is obliged to link and request the National Land Agency to carry out the process of clarification of the property.
- Subjects
COLOMBIA; CONSTITUTIONAL courts; PUBLIC lands; JUSTICE; JUDGES
- Publication
Academia & Derecho, 2019, Vol 10, Issue 18, p335
- ISSN
2215-8944
- Publication type
Article
- DOI
10.18041/2215-8944/academia.18.6005