Aspectos processuais da alienação fiduciária de bem imóvel em garantia: conseqüências para o devedor inadimplente

• Autor(a) principal: Silva, Clarissa Teles
• Data de Publicação: 2011
• 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/36144
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Alienação fiduciária; Garantia de bem imóvel; Devedor inadimplente; Conseqüências; Chattel mortgage; Real estates given as guarantee; Defaulted debts; Consequences

Chattel Mortgage of Real Estates given as guarantee was established in Brazil by the Law 9.514/97, because until then, there was only allowed only to celebrate contracts giving movable property as guarantee of payment. The essay aims to analyze the consequences of the defaulted debt by the debtor based on the Real State given as guarantee, with detailed study of the administrative means provided by law for the creditor to be compensated for the credit transferred to the debtor, based on the Real Estate given as guarantee, and is also analyzed the consequences of the defaulted debt by the debtor as it becomes insolvent. After it will be studied the possessory lawsuits and the special features provided by law 9.514/97, through which the creditor will obtain possession of the Real Estate property that has been transferred to him because of the defaulted debt. The research is preceded by the study of the main features of the institute of Chattel Mortgage of Real Estate as guarantee since its origins, dating back to Roman law, and theoretical and practice questions that arise in day-to-day, such as the study of possession and ownership among contractors, as well as the essential features of the contract providing Real Estates as guarantee. The approach is made by book and legal research and, whenever possible, with the support of judge-made cases