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- Title
(IM) POSSIBILIDADE DO PROTESTO EXTRAJUDICIAL DO CONTRATO COM GARANTIA DE ALIENAÇÃO FIDUCIÁRIA DE BEM IMÓVEL.
- Authors
Felipetto Malta, Felipe Uriel; Edmilson De Souza Lima, José
- Abstract
This article addresses the institutes of the Extrajudicial Protest and the Fiduciary Alienation. It seeks to analyze the effects of the protest and the definition of which documents are likely to be protested after the advent of Law 9.492 / 97. In order to establish whether the existence of a provision expressly set forth in articles 26 et seq. Of Law 9.514 / 97 of a specific procedure - in the case of a real estate registry - for the proof of the contract default guaranteed by fiduciary disposal of immovable property, Of the creditor requires extrajudicial protest. The topic is relevant, because currently in Brazil, the fiduciary alienation institute has been one of the most used when seeking the real guarantee of a real estate, and also because the protest has become a form of fast and effective collection that meets the interests Of creditors but without violating debtors' rights.
- Subjects
BRAZIL; TRUSTS &; trustees; REAL property ownership; DEBTOR &; creditor
- Publication
Revista Percurso, 2016, Vol 17, Issue 1, p38
- ISSN
1678-569X
- Publication type
Article