Usucapion Between Spouses: Reflections on Ruling No. 8931 of 2024

Ruling No. 8931 of April 4, 2024, by the Court of Cassation has sparked an important debate regarding property rights between spouses, particularly on the subject of usucapion. The Court established that, during the subsistence of marriage, the time required for usucapion of assets belonging to one spouse by the other cannot accrue, highlighting the need to preserve family harmony and mutual rights.

The Regulatory Context

According to Article 781 of the Civil Code, there is a prohibition on donations between spouses, with the aim of maintaining financial balance within the marriage. The ruling in question refers to this prohibition, emphasizing that its potential unconstitutionality does not alter the basic principles governing property relations between spouses.

Usucapion of property belonging to one spouse - Accrual of the term in favor of the other spouse - Possibility during marriage - Exclusion - Unconstitutionality of Art. 781 of the Civil Code - Irrelevance - Rationale. During marriage, the time required for usucapion by one spouse over assets belonging to the other spouse does not accrue. The declaration of unconstitutionality of Art. 781 of the Civil Code, concerning the prohibition of donations between spouses, is irrelevant, as the reintroduction of the same rule in Law No. 76 of 2016 on civil unions demonstrates that, for the legislator, the accrual of time for prescription – and for usucapion, by virtue of the reference made by Art. 1165 of the Civil Code – is contrary to the spirit of harmony that characterizes marital or civil unions.

Implications of the Ruling

This decision has several practical implications. Among the main ones, we can highlight:

• Inhibition of usucapion during marriage, safeguarding mutual property rights.
• Reinforcement of the need for shared financial management between spouses.
• Further clarification of the legal system regarding marital rights and duties.

The Court has therefore reiterated that harmonious marital cohabitation must not be compromised by the possibility of asset appropriation, a principle also reflected in civil unions, as indicated by Law No. 76 of 2016.

Conclusions

In conclusion, ruling No. 8931 of 2024 represents an important clarification on usucapion and property rights between spouses. It emphasizes that marriage must be viewed as a union in which rights and duties must coexist in an atmosphere of trust and mutual respect. For lawyers and legal professionals, it is essential to consider these provisions when dealing with property matters in separation or divorce proceedings, to ensure adequate and informed advice to their clients.