Immunity from seizure of guarantor’s family property in commercial rent contracts: Analysis of the Extraordinary Appeal nº 605.709/SP

• Autor(a) principal: Silva, Bruno Miola da
• Data de Publicação: 2019
• Outros Autores: Gomes, Glaucia Cristina Oliveira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13914
• topic: Fiança locatícia. Livre iniciativa. Moradia.

The family property is Immune from seizure, because it is presupposes a dignified life, because it represents to the individuals who are members of the family entity a safe place that allows the development of their capacities. For these reasons, Law nº. 8.009/1990 has, as a rule, rendered immunity from seizure the property for family housing. However, this characteristic is set aside before obligations arising from rent guarantee. The present study investigates the possibility of seizure of the family property of the guarantor of commercial rent contract, through the analysis of the Extraordinary Appeal nº. 605.709/SP. Therefore, initially, considerations were made about the family property, followed by discussion about the effectiveness of rights through the rent contract. Subsequently, a relation was established between the rent guarantee and the immunity from seizure of the family property, analysing the Extraordinary Appeal nº. 605.709/SP after this. The inductive approach guided this study, and the bibliographic procedures and case analysis were employed in order to explore the factual and normative elements discussed in the Extraordinary Appeal nº. 605.709/SP. Finally, the final considerations were presented, addressing the relevance of private autonomy in contractual relations, as well as the need for faithful observance of the competencies originating from each Power, as a presupposition of democracy.