The extrajudicial usucaption and the performance of the real estate registry: an option for celerity or a concervation of bureaucratic practices?

Abstract

The purpose of this article is to analyze the impact of the New Code of Civil Procedure on a type of adverse acquisition, giving special attention the insertion of article 1.071, which provides for the possibility of claiming usucaption in a registry of titles concerning real estate. The legal provisions are also stated in the main objectives of the new code. It is proposed to move away from the pessimistic bias that leads to the disqualification of the institute, to adopt a new perspective, in which, the notarial deed is suggested as a facilitating tool in the implementation of the Usucaption.

Keywords

• Usucapião
• Ata Notarial
• Efetividade
• Celeridade
• Extrajudicial.