Retrocession

Abstract

For some it maybe a personal right and an eventual right which must be solved with indemnizations for loss and damages. For others, it is a real right which demand possibility in juridical cases. There are those who consider retrocession as a mixed right (personal and real) given to the person who has been expropriated the action of pre-emption or a legal preference action. (With a legal nature or if preference for loss and damages). For those followers of the first current, right of the expropriator before the power of the expropriator which did not give them thing the destiny of public usage continues, therefore in the positive brazilian right as a clear and irrefutable personal right which doesn't manifest itsees, before a third party, who may eventually acquire the some things, nether is it attached except exclusively to the person who expropriates. For those who defend the second current, retrocession is a real right. It is a right which falls or the possessions goods, in the sense that the person who was expropriated, ex-propriator, may demand the reincorporation of the stated possession to his patrimony, if it hasn't been used for the reason for which it was expropriated.