The Eviction Procedure with Notarial Intervention in Peru (Law No. 30933): Observations and Proposals for an Efficient Model; [O procedimento de despejo com intervenção notarial no Peru (Lei nº 30933): observações e propostas para um modelo eficiente]

Vásquez E.M. · Revista Oficial del Poder Judicial (2026) · DOI: 10.35292/ropj.v18i25.1209

Resumen

This research examines the regulatory deficiencies of the special eviction procedure with notarial intervention regulated by Law No. 30933, conceived as a mechanism aimed at the restitution of leased properties. Based on a doctrinal, empirical, and comparative approach, three main regulatory limitations are identified: (i) the exclusion of the right of opposition of third parties holding legitimate title; (ii) the requirement to execute the Single Lease Form (FUA) as the sole valid title; and (iii) the lack of express recognition of its contentious nature. The study concludes that these restrictions reduce the practical effectiveness of the procedure and create a gap between the legal framework and the contractual reality of the rental market. Consequently, a mixed model is proposed that admits private contracts with legalized signatures, incorporates summary judicial review in the face of wellfounded objections, and constitutionally recognizes the procedure as a jurisdictional mechanism rather than a contentious proceeding, ensuring procedural speed, legal safeguards, and alignment with the country’s contractual reality.

Instituciones: Universidad Ricardo Palma