Post by account_disabled on Mar 13, 2024 4:34:35 GMT -5
Now in the understanding of the rd Panel of the of condominium expenses while he is in direct possession of the property began to define the possibility of seizing the property in a possible action to enforce the expenses.
At this point minister Nancy Andrighi established in her decision “that the property cannot be seized leaving the condominium to seize the assets and rights forming part of the fiduciary debtor's assets which does not include the property but rather the “acquisitive right derived of fiduciary alienation in guarantee” article XII of the Code of Civil Procedure.
He also highlighted that the ambulatory CG Leads or propter rem nature of condominium debts arises from article of the Civil Code and this provision does not establish that the property must be seized in any and all circumstances to pay the aforementioned expenses. In theory the aforementioned article attributes responsibility for condominium debts to the holder of the real right as a rule the owner.
Professor Daniel Amorim Assumpção Neves teaches that a given subject has responsibility for paying a debt which means within the procedural scope that his or her assets can be used to satisfy the creditor's substantial right .
In summary when article of the Civil Code confers responsibility for the payment of condominium debts on the holder of real rights it is crystal clear that the objective norm generally holds the owner responsible with the aim that at least the property can serve for the repayment of the credit as it necessarily forms part of the owner's equity.
The law understanding that the fiduciary debtor is responsible for condominium expenses establishes that his assets will be used to satisfy the aforementioned credit not including the property sold on fiduciary basis which is part of the fiduciary creditor's assets.
Having said that and in light of the understanding of the rd Panel of the STJ when judging REsp ..RS the rapporteur understood that: “if the fiduciary debtor is responsible for the condominium debts pursuant to articles of the Law No. and -B sole paragraph of the Code all assets and rights that make up your assets respond to the satisfaction of the debt which does not include the property but only the real right of acquisition derived from the fiduciary alienation article caput of the CC.
At this point minister Nancy Andrighi established in her decision “that the property cannot be seized leaving the condominium to seize the assets and rights forming part of the fiduciary debtor's assets which does not include the property but rather the “acquisitive right derived of fiduciary alienation in guarantee” article XII of the Code of Civil Procedure.
He also highlighted that the ambulatory CG Leads or propter rem nature of condominium debts arises from article of the Civil Code and this provision does not establish that the property must be seized in any and all circumstances to pay the aforementioned expenses. In theory the aforementioned article attributes responsibility for condominium debts to the holder of the real right as a rule the owner.
Professor Daniel Amorim Assumpção Neves teaches that a given subject has responsibility for paying a debt which means within the procedural scope that his or her assets can be used to satisfy the creditor's substantial right .
In summary when article of the Civil Code confers responsibility for the payment of condominium debts on the holder of real rights it is crystal clear that the objective norm generally holds the owner responsible with the aim that at least the property can serve for the repayment of the credit as it necessarily forms part of the owner's equity.
The law understanding that the fiduciary debtor is responsible for condominium expenses establishes that his assets will be used to satisfy the aforementioned credit not including the property sold on fiduciary basis which is part of the fiduciary creditor's assets.
Having said that and in light of the understanding of the rd Panel of the STJ when judging REsp ..RS the rapporteur understood that: “if the fiduciary debtor is responsible for the condominium debts pursuant to articles of the Law No. and -B sole paragraph of the Code all assets and rights that make up your assets respond to the satisfaction of the debt which does not include the property but only the real right of acquisition derived from the fiduciary alienation article caput of the CC.
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