Legal title in real property law

Abstract

Legal titles or deeds in real property law are one of the necessary elements to acquire a property through the acquisitive prescription of ownership through continuous possession for a period of ten years, although the concept of good faith must be taken into consideration. A legal title, traditionally, wrongly or not, could be understood as a private contract or any commitment to sell a property privately, since a contract that meets the requirements provided by law, if formalized by public deed according to Art. 700 of the Paraguayan Civil Code, would have the potential, in principle, to transfer ownership to the buyer of the property, and states that it would no longer be necessary to acquire ownership of said property by an exceptional means of acquisition such as usucaptio. For this reason, this researcher focuses on determining what legal title implies in our civil law, specifically in the section of real property rights. Finally, the methodology used for the research is descriptive, through the review of practices and precedent in the Civil Chamber of the Supreme Court of Justice and through public access queries on the website of the Judiciary, which led us to the desired results and conclusions.