O contrato “built to suit” e sua cláusula penal compensatória sob a ótica da legislação brasileira

• Autor(a) principal: Garcia, Michelle Ramos
• Data de Publicação: 2012
• 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/29696
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Locação de imóveis; Contratos

This study assesses the validity of the compensatory penalty clause inserted in "built to suit" contracts, as well as its limitation. As it will be explained below, the aforementioned contract is dynamic and involves several operations and several different contracts. Considering that until the completion of this study there was no specific legislation concerning the “built to suit” contract, different views on its the legal nature arose, and influenced, directly or indirectly, the understanding of the validity of the compensatory penalty clause inserted into the “built to suit” contract. Whereas the use of such contract in the Brazilian real estate market is recent, case law has not yet pacified the understanding on this subject, a fact that made the understanding of the topic more difficult. Thus, some structural and conceptual aspects addressed will contribute to the development of this study, such as the structure of the contract in question, the concept of contractual types inserted in the "built to suit" contract, as well as the compensatory penalty clause and securitization of the receivables originated from the lease agreement between the landlord and entrepreneur. After the subject is addressed, one will be able to understand the legal certainty resulting from compensatory penalty clause inserted in the "built to suit" contract. Keywords: "built to suit" contract, compensatory penalty clause, atypical contract, validity of the legal transaction, securitization of real estate originated receivables, and Brazilian real estate market