Condomínio edilício: direitos e deveres dos condôminos

• Autor(a) principal: Uras, Julio Gustavo Palaia
• 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/34591
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

At the beginning of the twentieth century, with the rapid growth of the urban centers due to the increasing migration of the man from the countryside to the cities, they became immensely populated places, forcing the adoption of a new model of acquiring property and living, called condominium building, what was imposed as a way to lower the costs of living and also as a way of occupying the space more efficiently. With the sudden increase in the use of this new co-ownership model, made of autonomous apartments for exclusive use only and common areas owned by all, the last parts externalized as fractions of the first and from that inseparable, there was the need to create an appropriate legislation to regulate the matter. For this purpose, was created the law 4.591/64, later derogated by the law 10.406/02, Civil Code, that regulated the matter through its articles 1.331 to 1.358. In between all the elements created by the legislator to regulate the matter, such as the formalities to stablish a formal condominium, its administration and the ways it perishes, we can find the discipline dedicated to the rights and obligations of the co-owners, developed with the objective to implement the minimum necessary for a harmonic environment to live. Despite this fact, and the possibility granted to the co-owners by the law, allowing them to create new conventional rules, it is still possible to see an increasing amount of actions being moved against occupants that are unable to commit to what was imposed by the majority of the owners. In this context, it remains to be seen if either the rights of a singular owner, that wishes to impose his interests to the others, will prevail against the rights of the others or the condominium itself. In other words, it remains to be seen if the judiciary system will review the old ways, to make exceptions about the classic view of the property rights to acknowledge that the condominium discipline has its own value and peculiarities that must be respected, for the good of each community