The valuation of time in the third party property action

Abstract

The author analyzes and reflects about the way in which the admissibility requirement for the third-party demand property right action has been adopted, this, in the context of an original acquisition of property by acquisitive prescription, would not be the most appropriate, the prescriber (owner) being in difficult to raise third party in defense of his property that has been seized subsequent to his already acquisition. Therefore, in the absence of help from the Civil Procedural Code, a doctrinal and jurisprudential approach to the usucaption must be given for valuating his merit as a means of defense. In that sense, the time dedicated on the use of the good, would play an important role in terms of evidence.