The extrajudicial usucaption and the performance of the real estate registry: an option for celerity or a concervation of bureaucratic practices?
The purpose of this article is to analyze the impact of the New Code of Civil Procedure on a type of adverse acquisition, giving special attention the insertion of article 1.071, which provides for the possibility of claiming usucaption in a registry of titles concerning real estate. The legal provi...
| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2016-12-01
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| Series: | Revista de Processo, Jurisdição e Efetividade da Justiça |
| Subjects: | |
| Online Access: | http://www.indexlaw.org/index.php/revistaprocessojurisdicao/article/view/1599 |
| Summary: | The purpose of this article is to analyze the impact of the New Code of Civil Procedure on a type of adverse acquisition, giving special attention the insertion of article 1.071, which provides for the possibility of claiming usucaption in a registry of titles concerning real estate. The legal provisions are also stated in the main objectives of the new code. It is proposed to move away from the pessimistic bias that leads to the disqualification of the institute, to adopt a new perspective, in which, the notarial deed is suggested as a facilitating tool in the implementation of the Usucaption. |
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| ISSN: | 2525-9814 2525-9814 |