O Direito Real de Uso como Instrumento de Defesa da Propriedade em face da Usucapião
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| Autor principal: | |
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| Data de publicació: | 2020 |
| Format: | Master thesis |
| Idioma: | por |
| Font: | Repositório Comum do Brasil - Deposita |
| Download full: | https://deposita.ibict.br/handle/deposita/293 |
Sumari: | The first chapter of this technical paper will deal with the real right of use, conceptualizing, before that, the real right, in order to deal specifically with this right over something other than its object, user rights and obligations, legal forms, costs. The liability of this burden for the constitution of the right of use, duration, means of extinction, possibility of seizure and indemnity for the early revocation of use by the owner or contractual infringement of the user. In the second chapter, we will address the usucapion, its species (extraordinary, pro labore, special or housing, ordinary, collective, family or homeless, indigenous, libertatis), object and the administrative procedure of postulation. In the third chapter, we will discuss property, its concept, attributes, defensive measures, principle of social function and possibility of remuneration of the owner that constitutes the use in favor of third parties. The aim is to discover the existence or not of legal reasons that prevent the use of the real right of use as a preventive instrument of adverse social life, in order to foster the use of the real right of use as a preventive instrument in the face of adverse possession. The deductive method will be the one used in this work, and this will be based on the doctrinal view on the proposed theme, as the aspects appropriate to the conceptualization and legal effects. The benefit of providing the holder of the domain over immovable property with an imagined fit, in particular. In legal terms, the prevention of acts of third parties intending to acquire someone else's property is thought to be more in line with the principle of the social function of property when it is intended that such a practice can hold both private interests (of the owner himself in maintaining the thing). in the sphere of law) as well as social, if, for example, the institution of this right is free of charge in favor of third parties in need of government support, such as homeless people, the low-income population and the unemployed without qualifications for formal work. The conclusion reached is that the right of use is an effective instrument to prevent real estate property from being misused, especially when the owner may not be able to build on the land because of the lack of financial resources or the distance between them. Your home and place of ownership - potentially in the interest of someone else's harming it -cannot often be in your property |