ANALYSIS OF THE REASONABLE RIGHT

Abstract

The Brazilian civil code brings in its core the servitude institute, provided for in title V, from article 1,378. In this way, it is important to bring the concept of servitude, which is nothing more than any burden forced on a building, called servient, which has the function of promoting usefulness and comfort to another building, called dominant. However, the confusion between easement and forced passage is still common in the legal world, given that the two institutes serve as property limiters, but have a different legal nature and procedure. Thus, the aim of this study is to analyze servitude, so that its concept and modalities will be presented, in addition to the possibility of disturbance and defense through possessory actions within the Brazilian legal system. For that, the method of bibliographic research was used, based on updated legislation, doctrine and existing jurisprudence on the subject, having the deductive method of approach through a structuralist procedure that allowed to seek information about the problem, obtaining the conclusions suitable.