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Real Estate
STJ: auction of real estate guaranteed by fiduciary alienation
In the judgment of the Special Appeal 2.059.278/SC (REsp 2.059.278/SC), which took place at the end of May, the Superior Court of Justice (STJ) issued a decision in favor of the condominiums on the possibility to execute and to auction properties...
Ebook: Interim review of the Master Plan
The Strategic Master Plan (PDE) outlines principles and guidelines for São Paulo's urban development policy, aiming to order the development of the city's social functions and socially fair and ecologically balanced use. Check out what will change...
Challenges of using studios NRs in São Paulo
The configuration of residential developments in the city of São Paulo has been undergoing a transformation over the last few years. This is due to the management, urban development and, particularly, regarding the assumptions of the...
Rules for the operation of dark kitchens in São Paulo
A pioneer in the regulation of the topic in Brazil, São Paulo Municipal Law 17,853 (Law 17,853/22), which regulates establishments made up of sets of industrial kitchens, popularly known as dark kitchens, went into effect on November 30, 2022....
What is the tax triggering event for real estate transfer tax?
The 2nd Panel of the Superior Court of Justice (STJ) confirmed in the ruling of AREsp 1.760.009/SP, by unanimity of votes, that the event that generates the Real Estate Transfer Tax (ITBI) only occurs with the effective registration of the...
ITBI on assignment of rights to purchase and sale real estate property
The Supreme Federal Court (STF), through the Extraordinary Appeal with Aggravation (ARE) 1,294,969, discusses whether there is or not the incidence of the Real Estate Property Transfer Tax (ITBI) on the assignment of rights to purchase and sale...
The exchange of real estate without renders and the requirement of the ITCMD
A question still troubling in the case law is to define whether or not the Transmission Tax Cause Mortis and Donation (ITCMD) in exchanges of real estate of different values without making it price. The real estate exchange is the legal business...
STJ: inapplicability of the Consumer Protection Code in purchase and sale agreements of real estate property guaranteed by fiduciary alienation
The Superior Court of Justice (STJ) recently set the thesis related to Theme 1,095 to assess whether, in case of default of contract for the purchase and sale of real estate property with guarantee of fiduciary disposal, it would be correct to...
New rule aims to facilitate the disposal of assets of an estate
On October 17, the Judicial Review Board of the State of Rio de Janeiro issued CGJ Ordinance 77/22 with the intention of facilitating the disposal of assets of estates before completion of probate, without the need for intervention by the...
New law reduces quorum for changing the use of a building or real estate unit
Law 14,405/22 was published in the Official Gazette of the Federal Government, on July 13, 2022, which amended article 1351 of the Civil Code to reduce the quorum required in condominium buildings for approval of a change in the building's or real...
The shared economy and the future of coliving in Brazil
The ability to overcome and adapt face of adverse situations is part of human nature.. World War I and World War II, for example, triggered drastic transformations in society, with impacts on global geography, economy and politics. These conflicts...
CCIR 2022 issue now available
Andrea Soubihe, Gabriela Caetano and Guilherme Alcântara Nunes The National Institute of Colonization and Agrarian Reform (INCRA) released on July 18 the issuance of the Certificate of Registration of Rural Property (CCIR) for the financial year...
What to expect from Ivar, new index for residential lease adjustment
Between 2020 and 2021, the increase in the dollar rate, tied to the high demand for commodities, triggered a significant rise in the General Market Price Index (IGP-M), usually used as an indexer to correct the values of lease agreements. The...
The possibility for condominium buildings to hold virtual meetings and convert the meetings into permanent sessions
Published in the Official Gazette on March 9, 2022, Law 14,309/22 amended the Civil Code to allow conversion of condominium meetings into permanent sessions (paragraphs 1, 2, and 3, of article 1,353, Civil Code) and allow the convening, holding,...
STJ defines new thesis on the ITBI calculation basis
In a decision published in REsp 1,937,821 – SP (2020/0012079-1) on March 3, the Superior Court of Justice (STJ) set The Repetitive Topic 1,113 on the basis for calculating the Real Estate Transfer Tax (ITBI). This decision puts an end to an old...
The new Legal Framework for Guarantees and the promotion of the Real Estate market
In progress at the House of Representatives, in an emergency regime, is the Bill of Law 4.188/21, so called the new Legal Framework of Guarantees. The proposal consists of a short- and long-term strategy of the Ministry of Economy to boost the...
Agribusiness funding: regulation of the Green CPR
The promotion of agribusiness connected to environmentally sustainable development issues gains a new instrument with the regulation of Law 8,929/94 by Decree 10,828/21 published on October 4th of this year. The Rural Product Note (“Cédula de...
STJ welcomes action of usucapião of private property without real estate registration
The Superior Court of Justice (STJ), in a recent decision and unanimously, recognized the suitability of claims of ownership (usucapio) related to private properties without real estate registration. This was the understanding of the...
Attachment of family property with large value rekindles debate on limits of protection of the concept
In a recent ruling on an appeal against a decision that denied attachment of real property classified as family property (interlocutory appeal 2075933-13.2021.8.26.0000), the 16th Chamber of Private Law (CDP) of the São Paulo Court of Appeals...
The rise of the igp-m and the lease relations
The rise of the dollar and the growing demand for commodities led to a significant increase in the General Market Price Index (IGP-M), an index calculated by the Brazilian Institute of Economics (Ibre) of Getulio Vargas Foundation (FGV). Although...
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