El sucesor universal no debe acreditar nexo jurídico destinado a ceder los derechos de la posesión del causante

«Fernandez Cardozo, Alicia Filomena c/ Estado de la Provincia de Corrientes y/ o quien se considere con derechos s/ prescripción adquisitiva», Cámara de Apelaciones en lo Civil y Comercial de Corrientes, 25/11/2015

SÍNTESIS.- Prescripción adquisitiva. Sucesor universal. Admite la demanda de prescripción adquisitiva interpuesta por la hija de una mujer que poseyó un inmueble durante más de veinte años. Refiere que no puede exigírsele a la actora prueba de actos posesorios propios y demostración del vínculo o nexo jurídico entre ambas posesiones, ya que la transmisión o sucesión de la posesión entre padres e hijos no exige una cesión formal, pues en tal caso la llamada accesión de posesiones en virtud del cual el heredero del poseedor puede invocar y sumar a la propia el tiempo de su cedente o causante ocurre de pleno derecho desde la muerte del causante y basta para ello la demostración del deceso y el vínculo de parentesco.

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Fuente: infojus

38 comentarios de “El sucesor universal no debe acreditar nexo jurídico destinado a ceder los derechos de la posesión del causante

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