La reivindicación forzada ante la prescripción fallida: análisis de la prueba posesoria y la ratio decidendi en sede de casación. Caso N.º 01602-2013-0986

Abstract

The analysis of case No. 01602-2013-0986 addresses the application of mere tolerance. The dispute concerns the ownership of a property in Cuenca belonging to an interdicted person, represented by her legal guardian. Initially, the occupation of the property by a family member was tolerated; however, he later claimed ownership through extraordinary acquisitive prescription. Although the first-instance court granted him ownership, the Provincial Court overturned the decision due to insufficient proof of the statutory possession period. In cassation, the central issue is whether possession originating from mere tolerance can evolve into possession capable of leading to prescription.