Recover injunctions in Spain .
The Interdicto claim to recover possession can only be used for the discussion of the following:
1) Whether the claimant is in possession of the thing
2) If the claimant has been stripped from it by the defendant or by another person on behalf of the defendant 3) If the acts of restlessness or dispossession by the defendant have been accomplished within the year before the bringing of the injuction
4) An spiritual element, a real “animus expoliandi” ( will of stripping) , which is generally implied from the fact of the disturbance.
It is a summary procedure for the protection of the fact of possession and not of the right of ownership, which needs a more elaborated judicial procedure (declarative).
This message was last edited by mariadecastro on 25/08/2009.