Detalhes bibliográficos
| Ano de defesa: |
2021 |
| Autor(a) principal: |
Amaral, Fernanda Costa Neves do
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| Orientador(a): |
Sacramone, Marcelo Barbosa
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/24863
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Resumo: |
The segregated assets of real estate developers will be addressed in this study given its importance to the Brazilian real estate market. It was introduced into the legal system under a crisis situation, which exposed a weakness in the condominium and development legislation, since it did not prevent the commingling of revenues and expenses of a real estate development with others developed by the same developer. As of the creation of the segregated assets, the segregation inherent therein began to protect the interests of property purchasers, creditors and financers of the real estate project, aiming to ensure its completion and payment of debts. In this paper, detailed discussion is made of the importance of property, the concept of equity and the segregation of assets, with regard to real estate development. The importance of real estate developments, and their protective regulation, to property purchasers is highlighted, followed by aspects related to the ensuing discussion based upon requests for the judicial reorganization of groups of companies among which there appear real estate specific-purpose companies with segregated assets. The absence of specific means for addressing this situation, in the current bankruptcy and judicial reorganization law, has raised questions regarding the compatibility of the handling of the segregated assets of real estate developments with the judicial reorganization as a solution for the restructuring of the real estate project, and also with the procedural and substantive consolidation with other grouped companies |
