Imobiliário
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Direito imobiliário. Recurso especial. Ação de conhecimento sob o rito ordinário. Construção e incorporação. Contrato de financiamento para a construção de imóvel (prédio com unidades autônomas). Recursos oriundos do SFH. Outorga, pela construtora, de hipoteca sobre o imóvel ao agente financiador. Posterior celebração de compromisso de compra e venda com terceiros adquirentes. Invalidade da hipoteca. - É nula a hipoteca sobre a unidade autônoma outorgada pela construtora ao agente financiador em data posterior à celebração da promessa de compra e venda com o promissário-comprador. - Ainda que constituída e levada a registro em data anterior ao pacto de compromisso de compra e venda, é nula a hipoteca firmada se os recursos ofertados pelo agente financeiro à construtora foram captados junto ao Sistema Financeiro da Habitação. Recurso especial conhecido pela divergência e provido. (STJ - Rec. Especial n. 316640Paraná - Ac. unân. - 3a. T. - Rel: Min. Nancy Andrighi - j. em 18.05.2004 - Fonte: DJ I, 07.06.2004, pág. 216).
Despejo - Desocupação do imóvel - Objeto abandonado no seu interior - Propriedade de quem dele se assenhorear por via da ocupação - ReconhecimentoAplicação do Artigo 592 do Código Civil. Há presunção de abandono dos bens depositados (res derelictae), modo de perda da propriedade móvel (Código...
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