PROPERTY ACQUISITION MODES

ACQUISITION OF PROPERTY BY PRESCRIPTION OF JUDICIAL AND EXTRAJUDICIAL REAL ESTATE IN PORTUGAL AND BRAZIL

Abstract

It should be noted that among the most varied modes of property acquisition in Portugal and Brazil, the figure of acquisition of property by prescription is presented as one of the most important among them, being treated in a similar way in several points in the two countries. Similarities are observed in the characteristics, asssumption, and more specifically with regard to the extrajudicial procedure of acquisition of property by prescription,  where there is greater parity between the two countries, however in a simplified way, more sedimented legislation  and with greater applicability in Portugal, in regard of the services provided in the conservatories, while in Brazil the legislation is still recent, requiring improvements in procedures to enable more effective results, mainly regarding the admissibility of such procedure for certain species of acquisition of property by prescription and, to be treated of procedure is still very new in the Brazilian legal system.  In this sense, although they are similar institutes, an important difference is the invocation of acquisition of property by prescription in Portugal as a rule the extrajudicial procedure and the judicial process the exception, just appropriate the judicial process in conflict cases, while in Brazil, the possessor is free to join the judicial or extrajudicial at your discretion, provided that fulfilled certain requirements. Finally, stands out that the procedure, in both countries, bring benefits not only the party involved, but beyond undeniable social reflexes, since that enables the relieving of the judiciary, and the speed with the simplification of procedures.