Special Urban Usucaption for Abandonment
A critique of law 12.424 of 12 June 2011
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The Special Urban Usucaption for Abandonment was instituted by Law No. 12.424/2011, which introduced Article 1.240-A into the Civil Code, by means of a provisional measure, bringing with it various discussions. The main problem with this modality is that it resurrects the discussion of guilt, since it is directly linked to the end of a relationship and one of the requirements is abandonment of the marital home. As this is a family-orientated institute, it will have a direct influence on family law and inheritance law. This new modality innovated by introducing a two-year acquisition period. Th...
The Special Urban Usucaption for Abandonment was instituted by Law No. 12.424/2011, which introduced Article 1.240-A into the Civil Code, by means of a provisional measure, bringing with it various discussions. The main problem with this modality is that it resurrects the discussion of guilt, since it is directly linked to the end of a relationship and one of the requirements is abandonment of the marital home. As this is a family-orientated institute, it will have a direct influence on family law and inheritance law. This new modality innovated by introducing a two-year acquisition period. The aforementioned provision is also flawed in terms of its introduction into the legal system, with possible unconstitutionality in its formation. In view of this, the aim of this work is to try to answer the main questions and doubts about this new modality. To this end, it is necessary to make a general analysis of the institute of usucaption.
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