Qualificação e efeitos da desistência da aquisição de imóveis no direito brasileiro

Abstract

The thesis aims to propose an adequate qualification of the figure known as the withdrawal from the promise of purchase and sale of real estate and to identify its respective effects. To this end, the work addresses essential aspects of the promise of purchase and sale regulated by Law nº 4.591/1964. Subsequently, it analyzes the controversial emergence of withdrawal in judicial decisions as a form of contract termination designated by different names (termination, termination by notice, distract) and associated with specific effects: the return of the parties to their previous state and the possibility for the seller to retain part of the amounts paid by the buyer. The text discusses the problems that the generalization of this termination has presented within the framework of real estate development, which has prompted intense doctrinal debates and significant legislative changes. Based on the study of the forms of contract termination and the theory of non-performance, it is proposed to frame the withdrawal, as well as to assign effects in a manner compatible with contemporary contract law.