Prescripción de servidumbres de transmisión y de distribución de energía eléctrica.

This paper aims to analyze the electrical energy easements figure and the possibility to acquire them by prescription as established by Article 939 of the Colombian Civil Code, a regulation that establishes that the continuous and apparent easements can be acquired under this figure. The purpos...

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Bibliographic Details
Main Authors: Echeverría Molina, Judith, Nieto Ariza, Luis José
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7537613
Source:Jurídicas, ISSN 1794-2918, Vol. 14, Nº. 2, 2017, pags. 96-116
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Summary: This paper aims to analyze the electrical energy easements figure and the possibility to acquire them by prescription as established by Article 939 of the Colombian Civil Code, a regulation that establishes that the continuous and apparent easements can be acquired under this figure. The purpose of this work is to reflect on this legal, doctrinal and jurisprudential conflict existing in the Colombian legal system, regarding the possibility to acquire by prescription the transmission and distribution of electrical energy easements. It is necessary to establish that this study mainly revolves around two figures of civil law specifically: prescription and easements, and on the electrical energy utility. These notions have been studied separately but, once combined and applied to the regime of transmission and electrical energy distribution easement, they evidence an interesting aspect of controversy and different doctrinal and jurisprudential postures.