Segurança do crédito e responsabilidade patrimonial

a alienação fiduciária diante das obrigações condominiais no REsp 1.929.926/SP

Abstract

This article examines the relationship between fiduciary transfer of real estate and condominium obligations, with a focus on the decision in REsp 1.929.926/ SP. It explores the role of fiduciary transfer as a security mechanism in real estate credit, highlighting its advantages as well as the legal and economic challenges arising from debtor default. The decision of the Superior Court of Justice (STJ), preceded by a public hearing, upheld the possibility of attaching fiduciary-transferred properties to satisfy condominium debts. The central aim of this article is to analyze the impact of that ruling on the credit market, legal certainty, and the sustainability of condominium structures. The conclusion emphasizes the need to strike a balance between protecting fiduciary creditors and safeguarding the rights of condominium associations, in order to promote both market efficiency and social justice. The study is based on bibliographic research and employs the deductive método. Structured in five chapters, the study draws upon the precedent set by REsp 1.929.926/SP as its theoretical foundation.