TITLE:
Analysis of the Impossibility of Restitution of Surplus in Real Estate Contracts Secured by Fiduciary Alienation in Case of Negative Auctions and the Negative Effects Arising from Non-Compliance with the Current Rule
AUTHORS:
Guilherme Andrade Zauli, José Luiz Ragazzi
KEYWORDS:
Fiduciary Alienation, Plenty of It, Fruitless Auctions, Property, Legal Certainty
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.2,
June
28,
2024
ABSTRACT: This article seeks to analyze the reasons and consequences of the understanding that has been produced by the 29th Chamber of Private Law of the Court of Justice of the State of São Paulo, using as an object of analysis the judgment produced in the judgment of Civil Appeal 1017164-55.2022.8.26.0562, regarding the restitution of surplus resulting from real estate credit agreements with a guarantee of fiduciary alienation, if the auctions required by Law 9.514/97 remain unsuccessful. In addition to the theoretical aspect of law, the risks and effects of such decisions concerning the market and the population in general will be analyzed.