THE EXTRAJUDICIAL DEFENSE OF POSSESSION: AN URGENT ANALYSIS

Abstract

The purpose of this work, of an eminently qualitative nature, is to analyse the civil legal institution of the extrajudicial legal institution of possession in the country, considering it as a method of self-composition of conflicts of possession, influencing its importance as a tool for the settlement of conflicts of particular interests and dispeling legal uncertainties. The methodology used is basically descriptive – explanatory and exestic, because it analyses the evolution of Peruvian legislation with regard to the extrajudicial defense of possession. The comments and results obtained allow us to conclude that the current rule governing the extrajudicial defense of possession is not consistent with the facts that are presented in the social reality, which is worrying, because it allows us to perceive that Peruvian civil rules are being regulated not taking into consideration the expectations of society and the serious legal consequences that they couldgenerate.