Family adverse possession

Abstract

This paper aims to address the family Usucapion, going through the usucapion since its Roman origins, for over two millennia, its historical evolution and applicability, even at the beginning of the 21st Century. Discussing the modalities of Usucapion found in the Civil Code of 2002. In particular the Family Usucapion, which was introduced by Law 12,424 / 11 and received by the Civil Code in its article 1,240-A. The present study aims to solve the questions that arose around the present form of Usucapion. Bringing also the presentation of some principles that apply to this type of family adverse possession. Attention is given to the discussion about the legal nature of this family adverse possession, its specific requirements, and its applicability to the specific case. Explains the Constitutional Amendment No. 66 of 2010 and its application in the subject addressed, because it instituted divorce in the legal system and caused significant changes in family law, such as extinguishing the blame. It raises the question of ownership and possession, doubts and conflict between owner and owner. It will address the requirements of the treaties in Article 1.240-A that caused some disagreement between indoctrinators: the abandonment of the home. It has in mind the verification of article 1.240-A of the Civil Code, regarding its (in) constitutionality, in order to configure the family usucaption modality.