Incorporação imobiliária

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The real estate incorporation is an activity of great social and economical repercussion. It allows that through reception of the saving of the buyers of autonomous units to build, to which are added resources of the incorporator and capital obtained by financing by financial institution, is promoted the construction of buildings destined to constitute or to be divided in autonomous units for residential, commercial or mixed use, with ordered occupation of the urban land in the molds of the urban planning of the municipal district and of the environmental regulation promoted by the State. This activity well regulated and exercised allows the development of the real estate market that has great repercussion in the wealth circulation and in the generation of direct and indirect employments. The reception of private resources for the construction of buildings demands however regulation that serves as incentive to the entrepreneurs and checks safety to the buyers that the work will be executed, the joint owned property will be constituted and the autonomous units will be delivered. The presented text analyzes the real estate incorporation in the theoretical field and the practical application of the institute. The principal aspects of the joint owned property are approached, given that the real estate incorporation seeks to obtain as a result its constitution. For this purpose, both in relation to the real estate incorporation as to the joint owned property, themes relative to the concept, historical evolution, foreign legislation, legislative evolution in the Brazilian law, juridical nature and constitution form are appreciate. In relation specifically to the real estate incorporation aspects, it comments the incorporation activity in a wide sense. The contract of real estate incorporation in strict sense, for its time, is analyzed with relationship to: the classification; objective, subjective and formal elements; principal real warranties; its formation, development and extinction. It still analyzes the obligations, duties and rights of the incorporator and of the buyers of the autonomous units, current from the law and of contractual convention; the constitution of the affectation patrimony; the incidence of norms contained in legislative diplomas different from the law of joint owned property and incorporation, especially in the Civil Code, in the Code of Defense of the Consumer and in the Law of Public Registrations. Specific themes relative to the joint owned property constituted by earthy houses and to the places of garages in buildings submitted to the regime of the joint owned property are commented. Finally, the civil responsibility of the incorporator and the builder are examined. It is provided, with that, a wide vision of the legal institute object of the study

ASSUNTO(S)

development warranties condomínio edilício real estate incorporation incorporator contrato de incorporação construtor garages responsabilidade civil incorporacao imobiliaria -- leis e legislacao -- brasil builder garagem casas direito affectation patrimony condominio (habitacao) -- leis e legislacao -- brasil buildings contract joint owned property

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