DÍVIDA CONDOMINIAL: Direito de Propriedade versus Penhora de Imóvel Familiar

Abstract

Over the years, the property right has been limited to its users due to the default of property owners established in residential spaces, the so-called condominium debts, which, in turn, lead to the owner's loss of the property. Thus, the Civil Code of 2002 states that the debtor will be liable for damages if the obligation is not fulfilled (art. 389), as well as that all the debtor's assets will be liable for the breach of obligations (art. 391) and, furthermore, the 2015 Code of Civil Procedure teaches that in case of untimely voluntary payment, a writ of attachment and evaluation will be issued, followed by acts of expropriation of the debtor (art. 523). Therefore, the examination of this scientific article has in its structural core the study of the institutes of the family welfare as the sole source of housing for the owner and property and its consequences as a form of use, enjoyment and disposition by the owner. Therefore, to reach a result with the research, a qualitative methodology of exploratory bias was used and as a data collection technique, bibliographic research was used in order to understand whether the property rights inherent to the family property can give rise to the attachment of this property due to condominium debt. Therefore, in the case of property considered as a family property, the country's jurisprudence allows the attachment of the family property in cases of debt arising from the default of condominium quotas.