Superfície

• Autor(a) principal: Andrade, Marcus Vinícius dos Santos
• Data de Publicação: 2008
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8171
• topic: Direito real de superfície; Propriedade; Solo; Construção; Plantação; Superfície urbana; Superfície rural; Função social da propriedade; Superficie (Direito); Superficie -- Direito -- Brasil; Propriedade -- Aspectos sociais; Surface; Right in rem; Surface right in rem; Property; Land; Building; Plantation; Urban surface; Rural surface; Property social function; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

The reason for this work arose at institute now renewed in the Brazilian civil order: surface right. The objective was studying it in all the implication. Researching its structure and understanding its meaning. This study had and has justification in social and economical values demanding adequate juridical laws. Considering that everything which goes over the land as plantations and buildings characterize tenancy and building lease its importance has to be recognized to implement social policy, in the city or in the country. Firstly, the methodology used was based on the genesis institute from its history until now turning into a Brazilian law. Secondly, researching the changes of the meanings of property considered since the unitary individualism up to the transformation of autonomous dominium of the earth and tenancy and building lease. To achieve the points the tenancy and building lease was studied as a thing (chapter 1 phenomenology); historic unpredictable changes up to now in Brazil, since Brazil´s colonization (chapters 2 and 3 about the evolution of the judicial thoughts in Portugal and Brazil until 1916) following came the studies of many and different laws (chapter 4 comparing laws and chapter 5 surface laws in Brazil) the research was on top of the Branzilian law putting the tenancy and the building lease among the right in rem analyzing the elements, objects, structure, documents, the content of permission, alienate and extinction ending with law protection (chapter 6 and 13). Finally the way of using the institute in urban and agricultural laws (chapter 14- urban tenancy, 15- rural tenancy and 16 property social function)