Posse: (quando) direito meramente pessoal

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The objective of our dissertation is to present in a didactic way lhe main problems related to the Ownership subject. The discussion on the subject happens, especially, in the sense of being determined if the Ownership is in fact or if it is a right; if a right, Real or Personal;and if lhe possessory protectionis extensiveor not the personal rights. We consider, then, two ownership species: that without any title that justifies her, and se, it is a mere fact, although conducive to a right, it can even change into property, through lhe processory title; the other specie is the titled ownership, that is originated from juridical business, therefore is the ownership as right. When a right, we take the thesis of being her a personal right, using the personal expression, as being the person s right of not being submitted by the violence. The cause of that dies in the system of our positive right, the effectiveness erga omnes depends on lhe insert of some title in the Immobile Registration. The real estale registration becomes, though, impossible to the usurper, since this doesn t possess any title. And, still, the 2ndof the art. 10 of the Cede of Civil Process that says only to be necessary the spouse athour s or defendant participation, in the possessory, in cases of porcenary... and both spouses participation is only demanded, when it is real right. In what it concerns the possessory protection, we concluded that this is justified for the principie that outlaws the deprived justice, that is, in reality, lhe application of the article 5th, incise LlV, of the Republic Constitution. Another conclusion that we made in our research is that the possessory protection is not extensive to the personal rights, unless these are exercised on corporal things. It is that materiality is a characteristic line of the ownership, and the personal rights are of immaterial nature. Our objectives are delineated, above all with the didactic presentation of lhe theme, when we tried to make an easier understanding the entangled problem of the Ownership

ASSUNTO(S)

direito posse (direito) -- brasil

ACESSO AO ARTIGO

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