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Revista IUS

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Abstract

CARRANZA ALVAREZ, César  and  TERNERA BARRIOS, Francisco. The possession: means and purpose. Search of this concept in Colombia and Peru. Rev. IUS [online]. 2012, vol.6, n.29, pp. 30-47. ISSN 1870-2147.

In this text, the authors analyze one of the institutions that, along with property, presuppose the economic enjoyment of an asset: the possession. They study its traditional role in the civil law, as the means to usucapion, as well as its negative profile of unlawful act. Between both questions, its new role as real right of guarantee is approached, previously reserved just for property right, which has allowed, in the comparative experience, to bring over the most depressed sectors of the society to the benefits of credit.

Keywords : Possession; real guarantee; mortgage.

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