Responsabilidade pelo risco da evicção sobre bem adquirido em hasta pública

• Autor(a) principal: Corrêa, Rinaldo Santa-Ana
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5835
• topic: Execução; Responsabilidade; Alienação; Evicção

OBJECTIVE: To analyze the attribution of responsibility to the alienant (in the figure of executed), the executor and the State in the application of the institute of eviction on goods acquired by public auction. METHODS:. Regarding the level, this work can be classified as exploratory; As regards the approach, this is a qualitative research; as to the data collection procedure, in bibliographical and documentary. RESULTS: Expropriation of assets is a forced expropriation modality that derives from legal prediction, such as: adjudication; alienation by private initiative; and alienation in electronic or face-to-face judicial auction. Until public is a solemn session addressed to those who have the interest to acquire the seized assets. Alienation in hasta-public is an enforceable act of public law, whereby property is expropriated for judicial execution, and constitutes one of several ways of acquiring property. CONCLUSION: It is called eviction the loss of the thing, by virtue of the judicial sentence. Considering that the evict can not be irreparable damage as a result of eviction by sale by public auction, it is understood that the executed and, in the alternative, the exequent, are liable for the risk of eviction, based on the principle of prohibition of enrichment without cause; already the State responds in a subjective way, because the attribution of objective responsibility would imply imputation of an obligation that does not belong to him, because it does not derive any benefit. Keywords: Until Public. Eviction. Indemnity.