TITLE:
The Controversial Issue of Liability for Condominium Expenses in Relation to Properties Encumbered with Fiduciary Guarantees and Its Effects on the Brazilian Real Estate Credit Market
AUTHORS:
Guilherme Andrade Zauli
KEYWORDS:
Fiduciary Alienation, Attachment, Condominium Expenses, Real Property, Legal Certainty
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.4,
November
2,
2023
ABSTRACT: This article seeks to analyze the reasons and consequences of the recent divergent judgments of the Brazilian Superior Court of Justice regarding the possibility, or lack thereof, of real property encumbered with fiduciary alienation being subject to seizure resulting from the execution of condominium expenses. For the development of this study, the Special Appeal No. 2036289/RS (2022/0344164-7), carried out by the 3rd Chamber, under the rapporteurship of Justice Nancy Andrighi, as well as the Special Appeal No. 2059278/SC, carried out by the 4th Chamber, under the rapporteurship of Justice Raul Araújo, will be analyzed.