Aplicabilidade da teoria do adimplemento substancial diante do saldo devedor da alienação fiduciária: direito imobiliário

Abstract

The present monograph, entitled Applicability of Substantial Admissibility Theory to the Debtor Balance of Fiduciary Alienation, aims to address the fiduciary alienation that was inserted in the Brazilian legal system through Law 9.514/1997, and consists of the transfer made by a debtor to the creditor of resolvable property and to the indirect possession of an immovable movable property or immovable property, as guarantee of his debt, resolving the right of the acquirer with the obligation, or better, with the payment of the debt. Providing greater security and agility to the financial agent in the pursuit of the payment of an operation in default. Its main focus is the discussion of the Substantial Obligory Theory of Obligation, in which the substantial fulfillment of the obligation to avoid the resolution of the contract provided for in Law no. 9.514/1997 is questioned, starting from the observation of the degree of compliance and noncompliance and also is discussed as to the applicability or otherwise of article 27, § 5 of this provision where it is stated that in the case of a second auction, if there is no bid that reaches the amount of the debt, the debtor will be exempt from paying any outstanding debtor balance, the fiduciary creditor to award the property and give its credit for satisfied and the application of article 32, § 2, of Decree Law 70/66 that authorizes, after the second auction and, not being the amount of the bid higher than the value of the debt, to charge the amount remaining of its credit through the executive branch