A necessidade de adjudicação nos contratos de promessa de compra e venda.

Abstract

The present monographic work is the subject of "The need for award in contracts of promise of purchase and sale". It is aimed at demonstrating when the need to award contracts of promise of purchase and sale, and whether it is possible in unregistered contracts. Thus it is feasible to analyse the existence of the necessity of the promise of purchase and sale to be registered (or not) in the registry of registration of real estate so that it has validity in front of the subsequent grant of the public deed to the buyer promissory, in the refusal of the Promissory salesman. In the case of the refusal to transfer the well the need for compulsory award action in view of the provisions of article 1,418 of the Civil Code of 2002, or whether it is possible to trigger the judiciary by interposing such action even in the contracts not Recorded according to the prevision of docket 239 of the Superior Court of Justice. In the first chapter will be dealt with the history of contracts in general, with the approach of the law of the XII planks, demonstrating the rights of property, reaching the right parental with the Civil Code of 1916 (currently repealed). The second chapter presents the forms of contract, including the preliminary contract, the promise of purchase and sale and the definitive purchase and sale. Finally, the third chapter has the clauses concerning the Promise and the award. The study is of a bibliographic nature, books based on digital books, physical books and judged, through reflection on jurisprudence and doctrinal revisions. The method addressed for the work will be deductive, based on reading the doctrines and judged of the courts. For this reason the procedures used will be the analytical and the historical, that is, the Institute of the promise of purchase and sale, and its legislative evolution demonstrating its improvements and a brief history dealing with contracts in a general way and demonstrating How they were held or considered contracts of promise of purchase and sale.