Nullity of a legal act within a summary process of eviction due to precarious occupant Judicial District of Huaura, 2017

Abstract

Objective: To determine whether it is appropriate for a judge to declare the nullity of a legal act within a summary eviction process for a precarious occupant in the Superior Court of Huaura in 2017. Methods: The study was developed using a mixed approach (qualitative and quantitative). Quantitatively, for our study, we analyzed a significant number of civil case files related to our work. The population consisted of 10 judges, 4 judicial assistants, 4 specialists, 15 lawyers, 10 law and political science students, and 7 users. Results: 92% of participants indicated that occupants with an expired title need a requirement for the property they possess to be declared precarious, while 8% stated that such a requirement is unnecessary. Conclusion: The research confirmed the main hypothesis and concluded that it is indeed viable to declare the nullity of a legal act within a summary eviction process for precarious occupation.