Acquisition of urban real property by prescription regardless minimum dimensions: an aplication of the social function of property
Keywords:
Social function, Urban real property, Acquisition, Prescription, Minimum dimensions, Access to housing, Garanty of the domain, Weighting of values.Abstract
The present article intends to analyze the social function in the acquisition of urban real property by prescription, facing the problems of minimum dimensions predicted in the regulatory guidelines of each city, situating it on the functional plan of property law, iluminated by the renewed interpretation theory. Among the goals of this article it is the identification of the actual crises in the jurisprudential treatment of the subject, well known by the contrast of the two majority understandings and protagonized by the Superior Court of Justice, where it prevails the improcedence of the legal request and the State Courts, most favorable to the acquisition independent of the minimum dimensions thesis. This last doctrine is defended in this article as a result of the functionalization of the patrimonial situations to the existential values and the interests weighting in the concrete cases.





