Bens de família no contrato de alienação fiduciária de imóvel.

Abstract

The research analyzes the unseizability Institute of family well (Law 8.009 / 90) and chattel real estate (Law 9.514 / 97), and pointed out the general aspects of each institute. The Institute of liens on real estate is not intended as an exception to immunity from seizure of good family, assumptions that are provided for in art. 3 of Law 8,009 / 90. The family and the institute can not and should not be used deliberately by borrowers in bad faith to evade their obligations. Does not act in bad faith family that alienates fiduciarily his only property. By having technical-legal and economic structure, it is the financial institution careful to check the status of real estate that will serve you guarantee, to better credit protection. Its main objective is to understand the aspect of immunity from seizure of property considered a family asset given as loan guarantees to a financial institution. The research aims to analyze the fundamentals and the general aspects of good legal family, established by Law 8.009 / 90 as a public order; discuss the liens on real estate, dealing with its role in banking contracts; and analyze the family and the situation in liens on real estate contracts, verifying the possibility of transfer of title to the creditor bank in case of default. Methodologically, by the very nature of matter, the research was based essentially on literature, legislative, judicial and analysis of texts in an exploratory manner. The research technique used was indirect documentation, having been raised several data on the subject researched in this work. From the deductive method, it sets off is a general principle (rule of public policy, numerus clausus) to get to a particular understanding of the topic. We conclude that the good of family property sold fiduciary maintains its unseizability clause. it is identified that, based on the Consumer Protection Code, is the responsibility of the creditor financial institutions verify the property's legal conditions