Succession

The claimant went to court to try to recover 5 bungalows located in a campsite (and, in addition, to claim the money equivalent to the "fruits," that is, what he would have earned from their exploitation since 2004). His main argument was that those bungalows were his, relying, among other things, on a purchase invoice from 1995 in his name.

The problem is that the matter dated back a long time and was mixed with a complex family and succession story since the campsite was linked to the family estate after the father's death (1991), there were conflicts over inheritances , a declaration of heirs that was later annulled, and subsequent succession agreements that designated heirs. In that context, the defendants denied that the claimant had a “clear and exclusive” ownership of the bungalows and, furthermore, argued that the action to claim them had expired.

At first instance and on appeal the claim was dismissed . The Supreme Court (TS), in 2026, confirms that line . On one hand, it declares that the claim for recovery of movable property is barred after 6 years from the loss of possession, and here it was understood that this loss occurred in 1999; since the claim was filed in 2017, it was out of time . On the other hand, the TS also supports that it was not sufficiently proven the ownership nor were the claimed goods conclusively identified; the invoice alone was not sufficient (there could be alternative explanations within family management), and the arguments of “own acts” and the complaints of inconsistency or poor evaluation of the evidence also did not succeed.

In inheritance disputes, our professionals can advise you in the defense of your claims and rights.