COSTA NETO; http://lattes.cnpq.br/2550006967497918; COSTA NETO, Firmino Leite da.
Abstract:
The possession instituted by §§ 4 and 5 of article. 1228 of the new Civil Code of
2002, called the explanatory memorandum as "held-job", is one of the new
institutions created by the Brazilian civil law, with justification in the social function of
ownership and property. It is likely loss of property for the benefit of owners who gave
the perfect social well its destination. Such is the prerogative from the completion of
all stipulated in the applicable legal provision requirements as well as the analysis of
the case by the judge learned of demand. On this assumption, the present work has
the purpose to address, through a detailed study of the peculiarities of the institute as
well as the reality of applying even amidst the national practical scenario. The
concept and the various characteristics of qualified tenure at work, as well as its view
before the other institutes are addressed. Because it is a relatively new subject in the
legal scenario, are elucidated the main reasons for its creation and insertion in the
Brazilian legal system, and the advantages are demonstrated based on the principle
of sociability. It uses deductive methodology being employed bibliographic method
and jurisprudence.
