Analise da teoria da posse em conformidade a evolução da humanidade e das instituições de direito com enfase na teoria de Rudolf Von Ihering

ABSTRACT This monograph that turns basically on the institute of the ownership, is initiated with the evolution of the man, changedding itself of nomad for sedentary, starting to live in a defined group, politically organized, of where it appears the necessity of if conquering things, demarcating them and demonstrating its right on them through external acts, many times with the use of the force. Laws had appeared to assist the man in this maintenance of the state of the things that with it if related, defining the ownership, the property and the detention, beyond are clearly, of other states that if they placed between one and another definition. The Romans had been, possibly, first that they had legally defined the ownership and the property, attributing a right for the defense of them; in the sprung from the same father and mother right, two maximum exponents, SAVIGNY e IHERING, had appeared defending each one a distinct theory, the first one with the thesis of the subjective ownership and as with the objective ownership; both had been the great precursors of the “Property law”, being that, its doctrines had served as base for the installation of this type of right in several other countries, mainly with influence in the Brazilian Civil Code; deserving commentaries and adhesion of the great master Clóvis Beviláqua, as well as the studies and doctrinal commentaries of Luiz of Cunha Gonçalves, Washington de Barros Monteiro, Silvio Rodrigues and others insignes native jurists. KEYWORDS: Theory of the Ownership. Sedentary. Nomad. Roman law. Sprung from the same father and mother right. Ihering. Savigny. Objective theory. Subjective theory. Domain. Detention, Property. Canon law. 8