SOUSA, D. A.; http://lattes.cnpq.br/5358794103479410; SOUSA, David de Araújo.
Resumo:
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.
