The role of the social function of property in decisions related to adverse possession between heirs

This work aimed to analyze the possibility of recognizing adverse possession among heirs, from a perspective on the social function of property, where we sought to understand the applicability of the legal institute and whether its recognition is justified in favor of the usucapient heir. Therefore, analyzing legal concepts of possession and property, of sharing, of the legitimacy of the heirs, necessary for the adverse possession request, it was possible to compare the prevalence of the principle of supremacy of the public interest under private law. This intended to demonstrate that the social function of property, based on social interaction, must prevail over the simple capital gain obtained by other heirs who do not actually exercise possession of the property under discussion. Using the methodology of documentary research, the work sought to use primary sources to elucidate point by point the issues surrounding urban adverse possession and its recognition within the scope of the division between heirs.