As controvertidas formas de aquisição originária da propriedade: usucapião familiar e §§ 4º e 5º do art. 1.228 do Código Civil

Abstract

This final paper`s aims to carry out a legislative and bibliographic review on modes of original acquisition of property, specifically in this case, family adverse possession and the institute provided in article 1,228, §§ 4th and 5th of the Civil Code. Its main purpose is to critically evaluate whether Real Right, in the legal figure of property, through family adverse possession, weakens the right of the family insofar as it significantly anticipates the acquisition of property, as well as to analyze if the institute of article 1,228, §§ 4th and 5th can be characterized as already provided in the Brazilian legal system or if it is a new institute, or even if it is poorly inserted in the Civil Code, being closer or not to a adverse possession or to a expropriation. For this purpose, bibliographic research was used as a theoretical deepening. It was found that, despite not using the best legislative technique, family adverse possession is a legitimate institute of the Brazilian legal system, as well as it was evidenced that the institute provided in §§ 4th and 5th of article 1,228 of the Civil Code can be a sui generis species of adverse possession.