Alienação fiduciária em garantia de bem imóvel

• Autor(a) principal: Gomes, Samantha Braga
• Data de Publicação: 2013
• 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/35612
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

This paper main objective is to comment on key aspects related to the fiduciary assingment (mortgage guarantee) on sale of Real Estate assets. The fiduciary Assignment as a guarantee on sale of real estate assets is a type of transaction in which the real estate property is transmitted as a collateral to secure the payment of said property. We comment on the historical evolution of the fiduciary assignment, since its inception during the Roman Empire (Roman Law), which main characteristic was trust. The paper also covers real guarantee rights and its relevance in the necessary evolution of Fiduciary Assignment. Federal Law 9514, dated November 20, 1997 regulates the National System of Real Estate Financing – SFI (Sistema de Financiamento Imobiliário, in Portuguese), as well as a myriad of aspects related to real estate financing. Fiduciary Assignment is also applicable to guarantee the fulfillment of any given obligation, be it from the debtor, be it from third parties. This paper is therefore conceived to analyse and review the main points of the Fiduciary Assignment as a guaratee on real estate transactions. As a risk-mitigation mechanism, it has been widely used by real estate developers to insure the payment of given unit’s acquisition price.