Publicity action

The public action is the legal instrument by which a person can claim before a judge the possession of a thing although he cannot demonstrate the ownership of the property, but a better right to possess in front of a third party.

Publicity action is within the classification of civil actions. The exercise of filing this action is a fundamental right that safeguards access to the courts in civil jurisdiction.

This action is usually studied as a cumulative action of the property claim, but it can also be filed autonomously.

What it seeks is to claim possession of the thing against a third party, but it cannot fully prove ownership of the property.

For example, if ownership of a real estate property is claimed, the plaintiff bringing this action cannot prove his ownership of the property with a simple note from the registry, but he can prove that he is the legitimate owner of it through water bills or light and that they show that you have a better right to possess than the third party.

Characteristics of the advertising action

The main characteristics of the advertising action are:

• They can be filed by natural or legal persons.
• This action can only be aimed at protecting rights recognized in the civil code, civil rights.
• Only those actions considered civil may be filed in this civil process.
• These actions belong to private law, just as civil law belongs.
• The action protects a subjective right owned by the person who files this action and who sees it violated.
• It works as a procedural impulse, at the beginning of the judicial process.
• It can be presented autonomously or subsumed in the property claim action.
• It has its origin in Roman law.
• In this action, who must prove the best right to possess is the plaintiff.
• The defendant does not have to prove anything.

Example

A common case where this action can be brought is in those cases where the owner is not the owner, but is about to be due to the time they have been the owner of the thing without anyone claiming it (claiming it as their own), which is known as usucapion.

But, before the time expires to acquire the property by the possessor, a third party claims the thing and that is when the possessor must demonstrate to the judge that he has a better right than the third party to finally keep the property.