Post by account_disabled on Mar 13, 2024 4:15:37 GMT -5
Law of which regulates the fiduciary alienation of real estate transformed the modalities of guaranteeing the purchase and sale of real estate in the country. Given the legal security provided by the institute regarding the speedy enforcement procedure promoted extrajudicially by property registries the effects of this type of guarantee were extremely more advantageous than the use of mortgages for real estate financing.
Such information is the result of the functionality CG Leads of fiduciary alienation by creditors and financing banks as a form of guarantee for purchase and sale contracts providing a reduction in risk for credit holders and in the case of financial institutions a possibility of reducing interest on the hiring.
However the possibility of seizing property sold on a fiduciary basis for condominium expenses has been the subject of many discussions within the country's legal sphere.
In a decision recently handed down by the rd Panel of the Superior Court of Justice REsp ..RS rapporteur Nancy Andrighi in her vote understood “that the property sold on a fiduciary basis cannot be seized in execution of condominium expenses under the responsibility of the fiduciary debtor”.
In the decision the minister stated that the classification of an “obligation as propter rem will depend on how it is regulated by the legal system and with regard to condominium.
Its reasoning follows that “due to the law debts in relation to the condominium are the responsibility of the holder of the real right simply because he is in this legal position thus any person who succeeds him will assume this obligation”.
He also highlighted that in this specific case “it was established that condominium expenses understood as propter rem obligations are the responsibility of the person who holds the title of owner of the real estate unit or even for the title of one of the aspects of the property such as possession enjoyment or fruition as long as it has established a direct legal relationship with the condominium”.
Such information is the result of the functionality CG Leads of fiduciary alienation by creditors and financing banks as a form of guarantee for purchase and sale contracts providing a reduction in risk for credit holders and in the case of financial institutions a possibility of reducing interest on the hiring.
However the possibility of seizing property sold on a fiduciary basis for condominium expenses has been the subject of many discussions within the country's legal sphere.
In a decision recently handed down by the rd Panel of the Superior Court of Justice REsp ..RS rapporteur Nancy Andrighi in her vote understood “that the property sold on a fiduciary basis cannot be seized in execution of condominium expenses under the responsibility of the fiduciary debtor”.
In the decision the minister stated that the classification of an “obligation as propter rem will depend on how it is regulated by the legal system and with regard to condominium.
Its reasoning follows that “due to the law debts in relation to the condominium are the responsibility of the holder of the real right simply because he is in this legal position thus any person who succeeds him will assume this obligation”.
He also highlighted that in this specific case “it was established that condominium expenses understood as propter rem obligations are the responsibility of the person who holds the title of owner of the real estate unit or even for the title of one of the aspects of the property such as possession enjoyment or fruition as long as it has established a direct legal relationship with the condominium”.