Abstract

This study examines the role of judicial expertise in real estate disputes, which frequently raise technical questions beyond the judge’s legal knowledge, such as the determination of boundaries and areas, the valuation of property and the allocation of shares. It addresses the extent to which judicial expertise constitutes an effective mechanism for resolving such disputes under the judicial review of the expert’s work and findings. Adopting an analytical approach, the study relies mainly on Law No. 58.25 on Civil Procedure and Law No. 01.24 on Judicial Experts, supported by case law. The study concludes that expertise plays a central role in partition actions, land registration disputes and actions arising from de facto dispossession, without substituting for the judge in assessing evidence. Its effectiveness depends on compliance with the procedural safeguards governing it, on the court’s review of the expert report and the reasoning of its position thereon, and on the mechanisms for holding the expert disciplinarily, civilly and criminally liable.

Keywords

Judicial expertise; Real estate disputes; Judicial partition; Opposition to land registration; Law No. 58.25; Expert liability.