Real estate
The good standing of the use of physical spaces in public waters is as important for some enterprises as the good standing of the recording of the ownership of real estate in the respective real estate registry.
The word arra originates from the Latin arrha, whose meaning, as in the Egyptian aerb, Hebrew arravon, Greek arrabôn, and Persian rabab, which means a guarantee. A millennial institution in human relations, arras guaranteed, initially, the promise of a marriage, with the delivery, by the groom, to the person responsible for the bride or directly to the bride, an object or amount of money.
Federal Law No. 13,476/17, published on August 29, may have a major impact on the relationship between creditors and debtors in default when the asset is subject to a secured fiduciary sale in guarantee (alienação fiduciária em garantia).
Brazil's Attorney-General has requested the full suspension of the law dealing, inter alia, with urban and rural land regularization (Law No. 13,465/2017), arising from Provisional Presidential Decree No. 759/2016 and addressed in the e-book "Inovação, celeridade e aumento de eficiência: o que muda no mercado imobiliário com a Lei nº 13.465/17" ["Innovation, speed, and increased efficiency: what changes in the real estate market with Law No. 13,465/17"]. The petition for an injunction was filed in Direct Action of Unconstitutionality ADI No. 5,771, filed on September 1.
In lawsuits relating to rural properties, the Public Registers Law (article 225, paragraph 3) determines that judges must require precise identification of the characteristics, boundaries, and location of the property by the parties, which is known as geo-referencing.
The real estate market received a large - and very welcome - legal stimulus on last July 11 due to the conversion of Provisional Presidential Decree No. 759, in effect since December 2016, into Federal Law No. 13,465/2017.
Although not yet regulated in Brazil, the concept of multi-ownership, also known as time-sharing or fractional ownership, challenges the limitations of traditional property rights. By making it possible for several individuals to economically share the ownership of a single property, exercising their right in a specific period during the year, in an exclusive, cyclical, and perpetual manner, the multi-ownership gives dynamism to real estate developments, enables the maintenance of investments in the sector, and highlights the strength of the sharing economy as a global trend.
The decision by the Federal Revenue Service of Brazil (RFB) to include sub-condominiums among entities required to register with the National Register of Corporate Taxpayers (CNPJ) is a measure that should contribute to the administrative efficiency of businesses structured in the form of condominiums. The change was announced on December 29, 2016, with the amendment of Article 4, item II, of Federal Revenue Rule No. 1,634/2016.
SIGNIFICANT REAL ESTATE AND ENVIRONMENTAL ASPECTS OF THE BILL OF THE NEW MINING CODE, by Anna Lyvia Ribeiro and Flavia Moller and Georgia Gomes
Considering the essentiality of the mineral resources for the industrial development and for technological advances, there is a large global demand for investments in the mining sector.
REAL ESTATE EXPANSION SEES AN INCREASE IN LAWSUITS FOR THE REVISION OF RENTAL FEES, by Maria Flávia Seabra Gemperli and Felipe Mendes de Godoy
The unprecedented expansion of real estate activity in Brazil over the previous years significantly increased the level of real estate business: launches, construction sites, civil construction employment, number of residential and commercial units delivered annually, levels of real estate financing and square meter value in the main urban centers.
CHALLENGES CONCERNING SÃO PAULO´S NEW URBAN MASTER PLAN, by Maria Flavia Seabra Gemperli and Marina Rosa Cavalli
São Paulo’s new Urban Master Plan may impose significant changes upon the city and its residents, especially from 2016.
Ivana Coelho Bomfim CVM Resolution No.
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