Real estate
Possibility of Extrajudicial Compulsory Adjudication
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* In order to ensure greater legal security for the purchase, sale and registration of real estate, the legislator chose to adopt a legal mechanism that allows the registration of real estate even if it is not accompanied by all the required documentation: compulsory adjudication. It is common for […]
Differences between notary offices and notary offices
By: Vitor Ferrari and Ivan Kubala For many, the terms “notary’s office” and “notary’s office” are synonymous and refer to places where documents are issued, signed and modified. However, this is not true. These institutions have different purposes, responsibilities and attributions, which complement each other. Notary’s offices are public institutions, managed by private employees who have passed public exams, whose responsibility is […]
Promise of purchase and sale in the acquisition of real estate developments
By: Vitor Ferrari and Ivan Kubala One of the most popular investments among Brazilians, if not the most popular, is real estate. Many investors profit from buying and selling these assets, so reducing operational and tax costs with this activity is of utmost importance so that the return on invested capital is the […]
Agrarian Reform – Perspectives for the new Government
By: Vitor Ferrari and Ivan Kubala Provided for in the 1988 Constitution, Agrarian Reform is a measure that is imposed, and is not merely a matter of the Executive Branch, which is obliged to provide it. For this purpose, INCRA (National Institute of Colonization and Agrarian Reform) was created, whose mission, in addition to promoting agrarian reform, is to […]
Family tries to prove in court that they are housewives in Cotia. The property was confiscated by the court and transferred.
Fala Brasil, a television program on Rede Record, covered the case of a family struggling to prove that they own a house in the city of Cotia. The property, however, was confiscated by the courts and transferred to União, because the former owner was arrested for drug trafficking. To explain the case, our partner, Vitor […]
The different types of usufruct and their implications
By Vitor Ferrari and Ivan Kubala Some legal institutions are famous in popular culture, since they are widely used by the population, such as usufruct. This is characterized by the transfer of possession of a good to a third party, who acquires use and enjoyment of the transferred good, without the person who transferred it losing the right to […]
Guarantor Partner and Exemption from Guarantee in Lease Agreement
By: Vitor Antony Ferrari, Ivan Kubala The guarantor partner who has withdrawn from the guaranteed business partnership must be careful when releasing the guarantee provided in a lease agreement. It is very common that in a lease agreement signed by business partnerships, one of the partners offers a surety as a guarantee, so that they are responsible for any debts of the […]
Forms of Usucaption
By: Vitor Antony Ferrari, Ivan Kubala Usucapion is the original form of obtaining property, since there is no legal link between the former owner and the new one. It involves obtaining property, usually real estate, as a result of the time in which it was occupied in a quiet and peaceful manner, and there may be a just title, such as a […]
STJ defines the Market Value of the Property as the Calculation Basis for ITBI
By: Vitor Antony Ferrari, Ivan Kubala In real estate transactions, notably in the transfer of real estate, whether free of charge or for a fee, the incidence of tax (ITCMD and ITBI, for example) is a very recurrent subject and has always generated debates in the administrative and judicial spheres, as the respective municipal and state legislation does not exhaust all […]