FINAL REPEAL OF ARTICLE 1949 OF CIVIL CODE: IMPLEMENTATION OF MORTGAGE REGULATION ON USUCAPTION CONTRA TABULAS.

Abstract

The recent Supreme Court decision of January 21, 2014 fixed jurisprudence definitely considering repealed section 1949 CC, by art. 36 LH in usucaption contra tabulas. As of now, no longer any doubt that to consummate and usucapir against a registrant must be fulfilled the precepts of art. 36 LH both ordinary and extraordinary usucaption without therefore usucapiente that have, in turn, its title registered in the Land Registry, as required by art. CC 1949. Is analyzed in this paper, the historical development of art. 1949 in relation to the parallel mortgage regulation, its rationale and initial direction to develop, then, the judicial interpretation thereof that has been done over the years, culminating in the judgment of the TS, that definitely clears doubts around its current application.