Óbice dos direitos possessórios em inventários

Abstract

This research work seeks to analyze the possession and the possibility of being discussed in the inventory processes. The difficulty in guiding a singular understanding on the subject is caused by the great territorial dimension of Brazil, in addition on the different realities experienced by citizens from different locations. In a first moment, the research in developed approaching the nature, the concept and the types of possession, bringing the theories that influenced the possessory rights that we know today. In addition, we explain the relationship of ownership in inventories with reference to a historical landmark that gave rise to the succession of De cujus assets. Through national legislation, we analyze that the necessary protection of possessory rights inventories is neglected when dealt with by judges of the egregious Court of Justice Of Rio Grande do Norte, in contrast to this, we show the understandings of the Courts of Justice of Rio Grande do Sul and São Paulo and the protection they give him. We use the deductive Hypothetical method during the work, and the methodology used will be research through jurisprudential.