Do usucapião especial urbano individual

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The main purpose in this dissertation was the examination of the new profiles of the juridical figure calIed "Usucapião Constitucional Urbano" according to Brazilian Basic Law text. Therefore, this analysis has been started with a brief introduction, where the fieldwork was delimitedand the casesin whichthe role - "UsucapiãoEsécialUrbano"- is applicable were pointed out. In the second chapter the legal institute of the adverse possession "ad usucapionem" was studied, since its origins and concepts, and the differences of interpretation between the objective and the subjective theory. Afier that, the juridical nature, the object, the systematic arranging and the juridical efects were analysed. Conceming to the specific theme, in the third chapter, the history, concept, the word description and the way of acquisition were described in arder to distinguish the acquisitive from the tenninative prescription. Analysing the historic part, a comprehensive and comparative exam of the institute was IDade,considering the whole Brasilian legislation about the subject, in a chronological way. Following in the fourth chapter, the specific geme of adverse possession "ad usucapionem" studied in this work, was focused and, moreover, with a description of its social bases. It was described the possessor ad usucapionem legitimacy; the urban Real Estate and its area; the possession characters that lead to this acquisition; the tima and the means of its scoring as previous requirement to the Real Estate acquisition. In this analysis alI these legal Brazilian texts were matched: "Constituição Federal do Brasil, Códigos de 1916 e 2002" and supplementary legislation as the recent "Estatuto da Cidade (lei n. 10257101)". Finaly the conc1usionsare presented, exposed in topics so that synthesize each chapter that compound this dissertation

ASSUNTO(S)

usucapiao especial urbano direito civil usucapiao posse (direito) -- brasil

ACESSO AO ARTIGO

Documentos Relacionados