Incorporações imobiliárias frustradasum estudo jurídico sobre investimentos em retomada de obras paralisadas.

Resumo

The following dissertation studies the emerging market of investments in real estate developments that have been discontinued considering the breach of contractual obligations agreed upon by the developer’s legal aspects, as well as analyses the legal risks involved in such operations and highlights the significant role of the legal professionals in the structuring of investment strategies. For this purpose, the thesis reflects on the logic behind real estate developments and on the origin of the legal instruments applicable to default events caused by the developer and the limitations to them pertaining. As a result, the dissertation, by categorizing the investments in distressed real estate developments as “special situations investments” incorporates various economic perspectives and, in this line of research, draws upon the Law and Economics to justify the viability and the appeal of such investments, as well as the actions to be taken by the investor. It also examines how the rights, obligations and faculties of the development´s financier, buyer and developer can be addressed in the structuring of investment strategies. Lastly, this paper discusses other legal liabilities, such as propter rem obligations and employment obligations, that deserve the attention of the investor and offers solutions to measure such obligations. This study involves research developed primarily through the inductive method, albeit it contains practical recommendations.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/41159

Palavras-chave

Incorporação imobiliária frustradaInvestimento em situações especiaisAtivos imobiliários estressadosDistressed real state developmentsDistressed real state assetsSpecial situations investmentDireitoIncorporação imobiliária - LegislaçãoContratosConstrução civil - Legislação