APLICABILIDADE DO INSTITUTO DA USUCAPIÃO EXTRAJUDICIAL A PARTIR DO PROVIMENTO N. 65/2017 DO CNJ

Abstract

This monograph work turns to study of the usucaption institute, with emphasis on the procedure of extrajudicial usucaption at the intention of to present the normative obstacles that made its effectiveness innocuous, as well highlight the legislative changes that ensured the execution of the original acquisition of the property through the registry office. Therefore, were presented the possession and property institutes and their correspondence with the usucaption species. Going through the examination of the procedural phases and the indispensable requirements for deferment of the request with the intention to build a base for the presentation of the extrajudicial procedures. Thus, a detailed analysis was elaborated about the article 216-A of the Public Records Law, that rules the usucaption action through the notary’s office, in supplement disposed at the Provision n. 65 of the NCJ, that guardianship this thematic and allows greater efficiency and executability of the procedure. Finally, the advantages of the recorders and notaries performance, at granting of the able title for the registry the property by usucaption, and the benefit of one faster procedure to the parts.