La jurisdicción competente para dirimir las controversias jurídicas relacionadas con los procesos reivindicatorios fictos contra entidades públicas que usan, gozan y disponen de una servidumbre legal

Abstract

The present investigation deals with the conflict or clash of trains of Jurisdiction between the Ordinary and Contentious Administrative, being that they have conflicting positions between the closing bodies regarding the allegedly fictional vindictive processes when the entity demands is the State. The Council of State, the highest body of the Administrative Law Jurisdiction, considers that it is competent to hear these processes. Likewise, the Superior Council of the Judiciary, the closing body in charge of resolving this conflict, bases that they are the competence of the Supreme Court of Justice, Civil Chamber of Cassation. The present investigation is of a qualitative nature, since a juridical situation corresponding to a juridical object such as the legal norms is studied, which has the purpose of determining who is the competent Jurisdiction to settle the legal controversies related to the aforementioned processes. The present investigation is carried out in five chapters. The first consists of the Budgets of the concept of jurisdiction, elements and Characteristics of the Jurisdiction, the Second one about the budgets of the fictional vindictive Processes of legal servitude in the Ordinary Jurisdiction, the third one, of the procedural budgets of the Contentious Administrative Jurisdiction according to the law 1437 of 2011, and other General Provisions outlined in the Law 142 of 1994. The fourth of the procedural precedents of the Supreme Court of Justice and Council of State. And the fifth develops the procedural budgets of the Superior Council of the Judiciary regarding the claims processes.