Reflexiones en torno a la aplicación de la Ley 1448 de 2011 y la restitución de tierras en Colombia1/Reflections around the law 1448, 2011 and land restitution in Colombia/Réflexions autour de la mise en application de la loi 1448, 2011 et la restitution des terres en Colombie/Reflexões em torno à implementação da lei 1448 de 2011 e a restituição de terras na Colômbia

• Published in: Revista (Universidad Pontificia Bolivariana. Facultad de Derecho y Ciencias Políticas) 2013-07, Vol.43 (119), p.533
• Main Authors: Gómez, Rocío Serrano, Prada, Milena Acevedo
• Format: Article
• Language: Spanish
• Subjects: Conflict; Landowners; Legislation; Restitution; Victims rights
• ISSN: 0120-3886; 2390-0016

Using the descriptive analytical method this writing focuses on the results of the land restitution process application of law 1448 of 2011, as reported by official sources and media and the main judgments of constitutionality, issued from the entry into force of the norm. In adition and taken into account that the Law 1448 of 2011 is a standard of public order that affects subjective property it exposes its field of application and the main modifications to the private regime of access to property and of the actions for the defense of the rights in rem. Particularly it is addressed toward the Usucaption regime and to the consequences of application of the new contract of land use provided in the article 99 of the same law. On the other hand, it explores the procedural duty of the opponent of restitution, in issues such as the reversal of the burden of proof of ownership and the probanza of good qualified faith. This issues are clarified with the personal criticism of the authors on considered subjects, for saying it somehow, shifting, since in them the civil laws recognition might put itself in risk, between them, those of the proper victims. [PUBLICATION ABSTRACT]