Os efeitos da rescisão na promessa de compra e venda de imóveis em incorporação no mercado imobiliário

Abstract

The present work brings reflections on the losses perceived by promising buyers as well as promising sellers when undoing the promise contracts for the purchase and sale of property in the national real estate market. The issue has a high impact on the national economy, in such a way that the amounts of cancellations claimed in court follow the cyclicality of the national market, sometimes thriving and sometimes final. Thus, due to the notoriety, bulk and complexity of the incorporation and construction operations, the undoing needs to be studied in detail, so this article is a qualitative research and that adopts, according to its objectives, the descriptive approach, using bibliographic research techniques and documentary. The result of this study shows that even with the advent of the Termination Law, Law nº 13.786/2018, the topic is still controversial in the courts, and it is imperative that it be debated and as harmonized as possible in order to give reliability to all those involved in the chain. national construction