The legal (im) possibility of the third party in good faith to accquire movable property of ilicit origin and unjust possession

Abstract

Adverse possession is characterized as a way of acquiring property by acquisitive prescription. It is possible to obtain property title either when it is a matter of movable property or real estate property. This research seeks to answer the following question: in which situations is there the legal possibility of adverse possession by a third party in good faith acquiring movable property arising from illegality or unfairly? Therefore, the general objective is to analyze the possibility of acquiring property through Adverse Possession of movable property with illicit and unfair origin when the petitioner is a third party in good faith. As specific objectives, we highlight the requirements for the Adverse Possession of movable property; explain the types of possession covered by legislation and legal doctrine; analyze the legal and case laws aspects of Adverse Possession of movable property and, finally, understand the limits of the acquisition of the property, combination of possession and its types, in relation to the third party, when the property has an illicit or unjust origin. The type of research is descriptive and the method is deductive. The research source is bibliographic, with analysis and study through doctrinal, case laws, and legal theories. With the research, it is possible to conclude that the legal possibility of adverse possession of movable property by the third-party acquirer in good faith is perfected when the requirements and elements of adverse possession are met, safeguarding the only caution regarding the combination of possessions.