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The extension and the limits of the suppressio and the surrectio in the multi-ownership condominium

Grant number: 16/11048-2
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2016
Effective date (End): September 30, 2017
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal researcher:Alessandro Hirata
Grantee:João Camilo Rodrigues de Oliveira
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The 2002 civil code consolidated a new hermeneutic paradigm at the Brazilian private law, because it is rich in the quantity of general clauses, which despite their importance for the systems oxygenation, they have a lack of a precisely delimitation of its contours. Among the general clauses contained in the 2002 civil code lies the good faith, which in its objective aspect can manifest in several ways, among which as a limitation of the subjective rights in broad sense. Recently, this last meaning have been rebounding in situations involving the multi-ownership condominium, materializing it in the decision of courts by the figures of suppressio and surrectio in a manner to consolidate fato situations extended in time. Will seek to perform studies concerning the main dogmatic fundaments that settled the institute of the multi-ownership condominium, with special attention on the regulations of the rights and duties between the joint owners, and an investigation about the theories of suppressio (Verwirkung) and surrectio (Erwirkung) in both national and comparative law theoretical scope, in attempt to draw the contours of them, following to a critical analysis of the judicial court decisions in situations involving the multi-ownership condominium and the theories, aiming the comprehension of the limits and the extension of the application of them in situations that involve the multi-ownership condominium regulations and casual changes operated in the multi-ownership condominium figure.

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