A coligação de direitos reais em condomínios hoteleiros

Abstract

The present study aims to investigate a phenomenon called quiver of rights, focusing on a very specific type of real estate development known as a condo-hotel. In this kind of property, investors acquire the ownership of independent housing units and simultaneously engage in contracts according to which they become obliged not to use the acquired property. There is, then, a pact that states that the exploration of these units as a business will be conducted exclusively by a company with hotel management expertise, usually a well-known hotel chain. In this case, investors receive profits periodically and according to the amount of the housing units owned, being this the unitary function of gathering all the property rights related to a given condo-hotel. Such gathering is essential to the integrity of such enterprise, so that obligations contractually assumed by investors should be given real property effectiveness in order to ensure that third parties who acquire derivative contracts remain linked to that peculiar unitary function of such investment. In order to do so, we investigate the existence of decisive qualitative differences between property rights and obligations to assess the influence private autonomy has over such rights. Finally, we come to the conclusion that the legal content of property rights can be modified according to business modulations, thus being clear that there is a legal possibility that the obligations contractually established by the investors can be taken to the competent real estate registry, thus acquiring the same effectiveness as real property. Bibliographical and jurisprudential reviews have been used as the chosen method, and, as the theoretical framework, the school of constitutional-civil law.