Tudo o que você precisa saber sobre o Direito Real de Laje

In today's class, we analyzed the changes proposed by the Civil Code reform regarding the Right of Superficies, an essential institution for land regularization and legal security in urban constructions. ⚖️ The proposal maintains the structure of Law 13.465/2017, but adds new provisions that expand the possibilities of use and guarantees related to superficies. 📘 Main changes: ➡️ Inclusion of §§ 7 and 8 to article 1.510-A: “§ 7 The right of superficies may be subject to real security, regardless of the base construction. § 8 The right of superficies may be acquired by adverse possession.” ➡️ Creation of the new article 1.510-F, which recognizes the autonomy of possession of the slab: “§ 1 The possession may be ceded free of charge or for consideration, and transmitted by act inter vivos or causa mortis; § 2 The successors may exercise possession even if they own another property; § 3 Allows the addition of continuous possessions (accessio possessionis); § 4 Admits the constitution of a real guarantee after the recognition of usucaption; § 5 Defines habitability criteria, without requiring an occupancy permit; § 6 Requires a separate exit and numerical designation for identification purposes.” 📚 You will learn: 📌 How the reform consolidates the autonomy of possession and ownership of the slab; 📌 The possibility of usucaption of the slab, expanding the regularization of urban housing; 📌 And the inclusion of the slab as an object of real guarantee, strengthening its economic and legal value. ⚖️ Essential Case Law: Summary: URBAN ADVERSE POSSESSION ACTION. CONSTRUCTION ON A SLAB. LEGAL REQUIREMENTS MET. ADVERSE POSSESSION CHARACTERIZED. JUDGMENT REVERSED. (Rel. Des. Moacyr Lobato, j. 05/25/2022) Read in full: TJMG – Civil Appeal No. 10056120089505001 (https://www.jusbrasil.com.br/jurispru...) ⚖️ Practical result: the reform consolidates the role of the Judiciary as guarantor of contractual balance, allowing necessary adjustments to preserve material justice in private relations. ✅ Live classes every Wednesday at 7 PM, and supplementary content on Mondays about the Civil Code Reform!