Family’s Adverse Possession: who save us from good’s goodness?

Authors

  • Ricardo Lucas Calderon
  • Michele Mayumi Iwasaki

Keywords:

Family adverse possession, Family, Property, Abandonment, Housing.

Abstract

In 2011 a new form of acquisition of property was introduced in Brazilian law: the family adverse possession (Civil Code’s article 1.240-A). The legal text determines that the ex-spouse or ex-partner may acquire the total property to the real estate of the conjugal home as long as he/she proves possession of more than two years without interruption and the abandonment of the home by the other consort. In this paper we part from the premise that this institute seeks, ratio ultima, to support the family and the fundamental right to housing, which guarantees a certain level of constitutional protection. Aside from this, it seeks to contribute to the comprehension of its hodiernal meaning, which should result a systematic interpretation that leads to its more  perfect  translation.  In  this  manner  it  is  important  to  make  use  of  critical-constructive hermeneutics, which allow for the extraction of the institute that resounds much further than the structure, to its function in those factual situations.

Published

2017-07-13

How to Cite

Calderon, R. L., & Iwasaki, M. M. (2017). Family’s Adverse Possession: who save us from good’s goodness?. Revista Brasileira De Direito Civil, 3(01). Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/108