USUCAPIÃO ORDINÁRIO E O TERMO DE CESSÃO DE DIREITOS HEREDITÁRIOS

Abstract

This study analyzes the legal concept of adverse possession in Brazilian law, addressing its definition, main categories, and, more specifically, the relationship between ordinary adverse possession and the assignment of hereditary rights. Adverse possession is an original mode of acquiring property based on continuous, peaceful possession exercised with animus domini and in compliance with legal requirements. The study highlights its social and legal relevance, as it stabilizes long-standing factual situations and provides legal certainty to good-faith possessors. Within succession law, the interaction between ordinary adverse possession and the assignment of hereditary rights becomes particularly relevant, especially given the delays and costs associated with probate proceedings. The research demonstrates that the assignment of hereditary rights, when formalized in accordance with legal requirements and accompanied by good-faith possession, may constitute a valid just title for ordinary adverse possession. Supported by doctrine, legislation, and case law, the analysis confirms that this relationship provides a legitimate means of property acquisition and reinforces the social function of property within the Brazilian legal system.