The effect of the court summons on the possessor in the usucapion

Abstract

The judicial summons promoted by the owner against the possessor ad usucapionem is, in comparative law, a case of interruption, which is called civil interruption. The author addresses this procedural act and its effects, in light of our patrimonial legal system and establishes that with this there is no interruption, neither of the term nor of the usucapion itself. To do this, he makes a brief historical analysis of usucapion and prescription, distinguishing one figure from the other; pointing out that with the first the property is acquired with a view solely to the owner, while with the second it also operates with a view to the owner, that is, verifying whether or not he was diligent. Also, the autor explains the reason why the comparative legislation that he cites regulates the suspension of prescription and civil interruption –which refer to the conduct of the owner–, those that are nonexistent in our legal system.