Usucaption Through Illegal Possession Of Goods

Abstract

Usucapion is a fundamental legal principle in civil law, which allows a person to become the owner of an asset by exercising continuous and uninterrupted possession over it for a specified period, established by law. This mechanism is based on the idea that, over time, possession of assets can create a legitimate expectation of ownership, to ensure stability and security in the circulation of assets.

However, the concept of usucapion becomes more complex when discussing the illegal possession of assets. Illegal possession refers to situations in which an asset is held without the consent of its owner, often through acts of theft, fraud, or breach of trust. In such cases, the question arises whether a person who holds an asset illegally can acquire ownership of it through usucapion.