La consideració d'un bé com a fungible o la seva descripció com a pertanyent a un genere no l'exclouen de la possessió (comentari de la Sentència del Tribunal Superior de Justícia de Catalunya de 12 de juliol de 2018)

Abstract

The subject of the present article is the analysis of the Catalan High Court Judgement of July 12th, 2018, condemning the Government of Catalonia that, as an apparent heir, was sued in the exercise of an inheritance petition action filed by the rightful heir. The main focus of our work will be that the assumption of a good as fungible or being described as it belonging to a kind does not exclude it from possession and, consequently, it can be an object of usucaption, unlike what the aforementioned judgement states in relation to money. To this end, the present study concludes that the legal classification of a good as fungible cannot lead to its exclusion from the application of the legal-real categories, such as possession and property rights, with all the ensuing consequences.