Da usucapião especial rural

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The purpose of this work was the analysis of the established laws of the special rural adverse possession, and started with the approach to the two main theories of possession, which are the Theory of Savigny and the Theory of Ihering, focusing on the legal aspects, the constituent elements and the basis of the protection to the possession, with emphasis on the importance of the possession itself in the adverse possession process. For better comprehension, the adverse possession process was historically analyzed on the whole, that is, from the Law of the XII Tables to the present special rural adverse possession under both, the 1988 Brazilian Constitution, Art. 191 and the Civil Code, Art. 1239. Researches under the Comparative Law verified that there are no other forms of adverse possesssion which resemble our special rural adverse possession system, once it was designed and developed to meet the needs in our country. Therefore, when examing its presuppositions, we pondered over the special rural adverse possession aiming to improve it, given the fact that, if properly applied, this instrument may be relevant to guarantee the dignity of the people who dedicate their indefatigable rural labor and to grant them the property of a small rural estate

ASSUNTO(S)

posse pro lalore acessio possessionis terras devolutas -- brasil possession ad usucapionem posse ad usucapionem sucessio possessionis usucapiao -- brasil rural module animus domini direito adverse possession vacant lands usucapião rural módulo rural posse (direito) -- brasil possession pro labore

ACESSO AO ARTIGO

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