The new Civil Transactions Law provides a preventive possessory action aimed at stopping new works that threaten possession before the interference is completed. The action has its own legal conditions and time requirements.
Preserve evidence of actual possession, the start date and progress of the works, site photographs and relevant inspection reports. Identify the particular threatened interference rather than relying on a general fear of future damage.
This procedure should be distinguished from a claim deciding ownership or an application challenging an administrative decision. The condition of the works and the nature of the requested protection influence the appropriate procedure.
Federal Decree-Law No. 25 of 2025 entered into force on 1 June 2026. Check the dates, applicable special legislation and temporal rules for the particular case.
Official sources
Civil Transactions Law | Official explanation of the reforms
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