Necessidade (ou não) do registro do contrato de promessa de compra e venda para fins de adjudicação.

Abstract

This monograph aims to verify the necessity or not of agreement of the purchase and sale of proprieties for the purpose of adjudication, according to the current legislation and jurisprudence of Brazil, in order to give greater legal certainty to said real estate business. By means of the deductive-hypothetical method, the problematic of the subject was rehearsed in article no. 1.417 and 1.418 of the Brazilian Civil Code and the provisions of Precedent 239 of the Superior Court of Justice, so that it can be verified whether or not there is a need to register the promise of purchase and sale for the purpose of adjudication by the promising buyer. Therefore, in view of the provisions of Supreme Court of Justice summary 239, which waives the need to register the promise of purchase and sale for the purposes of award and considering the guiding principles of the current Civil Code, such as operability and ethics, it is understood that, in spite of the provisions of articles 1.417 and 1.418, there is no need to register the promise of purchase and sale for the purposes of award, otherwise the reverse would represent a setback, which is prohibited by the Constitution Federal and contrary to the principles of the Civil Code.