Does the real-rights effect of acquisitive prescription apply if an heir invokes acquisitive prescription that has lapsed in favor of his predecessor in title, after having lost possession of the property for a period exceeding six months

Abstract

This article substantiates the answer given by its author to the question posed in interpretive case No. 2/2024 of the General Assembly of the Civil Chamber of the Supreme Court of Cassation, namely that the real-rights effect of acquisitive prescription does not arise if an heir invokes acquisitive prescription that has lapsed in favor of his predecessor in title, after having lost possession of the property for a period exceeding six months.