Contrato de compra e venda na incorporação imobiliária

• Autor(a) principal: Cruz, Monica Aparecida Lopes da
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35134
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Incorporação imobiliária; Adquirente; Inadimplemento; Real estate development; Acquirer; Default

In order to meet social needs, Law Number 4.591/ 1964 was created to regulate business fields of building and selling units not yet built or under construction, also known as real estate development. This paper aims to present the most commonly used contract types in the real estate market, as well as their extinction forms. Thus, based on renowned authors' doctrine towards real estate development and case laws’ positions regarding the presented considerations, this paper approaches the theme through theorical methodology. Given that corporate activity is directly linked to macroeconomics and, due to the severe economic crisis that affected the concerning market, consequential breaches of contract contributed to trade imbalance between developer and unit acquirer, compromising the venture and, consequently, acquirers’ collectivity. In the midst of this situation, Law Number 13.786 / 2018, known as the Law of Termination, was issued aiming at legal certainty in contractual relations, as well as fulfillment of this activity’s social role