the action of entry into possession in Brazilian legal system: Fundamental aspects existence and assumptions applicability
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Beschrijving
Bol
Based on theories of action and the debate on the appropriate procedural remedies to uphold the right to possess, this work aims to consolidate the existence of the action for possession in the Brazilian legal system. In addition, it identifies the autonomous, definitive nature of this field as a petitory and non-possessory action, as commonly identified or classified by classical legal literature. Furthermore, it highlights the relevance of the action for possession for the enforcement of specific claims, also identified in this book, which emphasise its fundamental role in cases where both possessory actions and actions for recovery of property do not satisfy the material claims of the litigant in a legally coherent manner.
Beschrijving
(1)
Based on theories of action and the debate on the appropriate procedural remedies to uphold the right to possess, this work aims to consolidate the existence of the action for possession in the Brazilian legal system. In addition, it identifies the autonomous, definitive nature of this field as a petitory and non-possessory action, as commonly identified or classified by classical legal literature. Furthermore, it highlights the relevance of the action for possession for the enforcement of specific claims, also identified in this book, which emphasise its fundamental role in cases where both possessory actions and actions for recovery of property do not satisfy the material claims of the litigant in a legally coherent manner.
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