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- Livros E Revistas
- Posse E Domínio. Aspectos Pertinentes À Perícia Judicial
- As Ações Reais Dominiais
As ações reais dominiais
Autor | Antonio Sérgio Liporoni - Odair Martins Benite |
Páginas | 101-102 |
Page 101
Ação real é toda aquela que garante o exercício de um Direito Real das pessoas consoante proteção da legislação.
Direito Real é aquele que estabelece relação das pessoas com as coisas, com algo certo substancial e palpável. No trabalho já citado de Jorge Tarcha, temos uma boa definição sobre o tema: "Essa coisa, que em latim se denomina res, e que se destaca agora. Por isso esse direito, que leva em conta a relação das pessoas com as coisas chama-se direito real".
E essa relação das pessoas pode ser com vários tipos de coisas, desde um objeto, uma vestimenta, um automóvel, um mobiliário e, nesse caso, denomina-se Direito Real Mobiliário.
O caso onde as ações necessitam de perícia é aquele que envolve uma relação entre pessoas e um imóvel: uma área de terre-no com ou sem benfeitorias. Chamamos esta relação de Direito Real Imobiliário.
E, como o direito real que uma pessoa tem para com um imóvel é o próprio domínio, as ações decorrentes, que se socorrem neste direito, são as ações reais dominiais, que constituirão o tema...
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