Abstract
The following study is based on a practical case concerning the situation of a husband and wife who, although they met all the requirements for usucapio, died without exercising this right before the court. Such facts raise the following legal questions: could their right of option to invoke the positive prescription be transferred to their heirs? Or is it necessary for the heirs to start a new possession in their own person, in order to then take advantage of the merger of possessions? The answer to these questions is not easy to deduce, as the research we conducted shows that the issue is a controversial one.
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