Aspectos fundamentais do usucapião coletivo / Key aspects of collective adverse possession
AUTOR(ES)
Patrícia Waldmann Padin
FONTE
IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia
DATA DE PUBLICAÇÃO
28/05/2010
RESUMO
This dissertation has the aim to examine the fundamental aspects of collective adverse possession, institute preview in the article Nº 1228, §§ 4th and 5th of the Civil Code of 2002. The dissertation consists of eight chapters. In the first, is presented research on the historical evolution of the institute of adverse possession and their attributes in other countries (Portugal, Germany, Italy and Argentina). Then broke in pieces the right to property and housing, its implications, limitations, and the aspect of social function related to ownership and possession. Ahead, we analyzed the terms of adverse possession provided in Brazilian law, its requirements and specificities. Finally, it was, with more detail, answering controversial issues related to the institute provided in paragraphs 4th and 5th of article nº 1228 of the Civil Code, among them if is a type of adverse possession or condemnation; who would be responsible for payment of compensation referred to in paragraph 5th and the criteria for quantifying it; what would be used by large number of people; which features should have the works and services performed in the possession property; in addition to procedural issues and matters relating mainly to the initiation and/or opposition, summoning and record of the declaratory judgment.
ASSUNTO(S)
collective adverse possession condemnation desapropriação direito de propriedade posse social role of property and possession usucapião
