Extinção do usufruto pelo não uso: inaplicabilidade dos prazos prescricionais

• Autor(a) principal: Vieira, João Alberto Santos
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5408
• topic: Usufruto; Prescrição; Direitos reais

To ascertain the inapplicability of the prescriptive periods to the extinction of the usufruct for not using the property. The method used was the deductive and the procedure descriptive, based on the technique of indirect documentary research. The concept and characteristics of real rights were discussed. The concept and theories that seek to explain ownership have been investigated. It was highlighted the forms of acquisition and loss of ownership. The concept and attributes of the property were presented. The concept of usufruct was traced and it was explained about the causes of extinction of the usufruct. The prescription institute was addressed and, in the end, emphasis was placed on the extinction of the usufruct for non-use and enjoyment and the inapplicability of the ten-year prescriptive period. Emphasis was placed on the analysis of authors of Civil Law, especially works on Royal Rights and Law of Things, such as Farias and Rosenvald, Tartuce, Diniz, Gonçalves, among others. It was found that the issue is controversial in doctrine, being divided into two currents: one that defends the application of the term of ten years by virtue of art. 205 of the Civil Code or the device that deals with the extinction of the easement and expressly mentions that period; the second current, in turn, defends the inapplicability of the prescriptive period, including based on jurisprudence. In fact, the non-use or enjoyment of rights, by the usufructuary, leads to the immediate extinction of the usufruct, not having to speak in terms of prescriptive.