A aquisição e a perda da propriedade no âmbito do Sistema Financeiro de Habitação de acordo com a jurisprudência e a constituição federal de 1988 / The aquisition and lost of property in financial system habitation on court s and CF/88

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

18/05/2012

RESUMO

The paper s purpose is the Housing Finance System governed by Law n. 4.380/1964. Researchs about the habitation right in the financial home system. Due to the fact that this operation involves the loan with the mortgage of the property financed, certain legal situations may result in loss of property that serves as housing for the borrower and his family. In the event of default, the mortgagee may expropriate the dwelling by the borrower including extrajudicial execution of a procedure that does not observe the constitutional principles of due process, and also not be approved formally by the Constitution of 1988. It is possible to consider the possibility of adverse possession of property linked to FHS, despite the understanding that they have a public nature, because the Constitution forbids it to grant a privileged legal status of public undertakings engaged in economic activity, without also doing so for other private companies. The Compensation Fund of Salary Variation is indispensable in housing contracts with escalation clause linked to the increased income of the borrower, because without it, even if the borrower is punctual on his payments, on time the contract generates a residual debit priceless, being contrary to constitutional guidelines the understanding that the borrower imposes the responsibility for payment. The appropriate measure to rectify the imbalance in the contractual retainer housing finance is the mainstay in the action with revision excessive burden of the Consumer Protection Code or Section 480 of the Civil Code. It is possible that the assignee is entitled to request the revision of the contract even if he did not originally part of the interest being present to act as long as the contractual relationship. Moreover, the action review can solve the stalemate of the remaining outstanding balance in coverage of contracts without a guarantee fund, in addition to the financial agent to impose liability for defects in construction of the well, provided it is verified by the lender s participation in the venture, even if have not built the house. There should be give to the borrower s access to the judiciary, with a severity for restrictions from ordinary legal, given the situation of the borrower low means. Keywords: Financial. Habitation. Execution. Adverse Possession. Contract.

ASSUNTO(S)

direito de propriedade - dissertaÇÕes sistema financeiro de habitaÇÃo - dissertaÇÃo usucapiÃo - dissertaÇÕes direito constitucional

ACESSO AO ARTIGO

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