A possibilidade da usucapião em favor de herdeiro.

Abstract

The present work deals with the possibility of adverse possession in favor of an heir, with the objective of analyzing the applicability of adverse possession of assets that make up the hereditary collection through request in favor of successors. In current legislation, the theme has become vague, there is no legal provision that prevents or regulates the subject, in principle there is no illegality in this procedure. For this reason, it is just an analysis from a simply legal point of view, but we fear The need to understand a set of issues that are somewhat complex resulting in fact like this; possible positive and negative effects, understand the how legally insecure this alternative is. Usucapion is a way of very important acquisition for society, as its objective is to recognition of the right to property for those most in need and thus providing a better distribution of assets, however adverse possession is a original form of acquisition, it has its peculiarities that make the study important for society, generating somewhat different effects in a way of derived acquisition. With this information it is possible to conclude that the study will bring benefits for deepening knowledge about the right of things. For the development of this work, a method of dialectical approach, a method of comparative historical procedure of several propositions, where each one of them was analyzed before other hypotheses, and a way of approaching the problem qualitative analysis of the premise that would best suit reality. As for nature this research is basic. As for the general objectives, it is descriptive. About the technical procedure, the bibliographic, with direct and indirect treatment of the sources, because elaborated from laws, books, internet, periodical articles, with analysis of contents.