Condomínio edilício entre formalismo e função: novas estruturas e merecimento de tutela

Abstract

Search up by this thesis analyze the emergence of new edilicias condominium structures, especially from the social and economic transformations that have taken place between the end of sec. XIX and the beginning of sec. XX. Such an examination imposes by the need to offer the right answer in terms of qualification and legal discipline, creative business segment of construction from multiple housing and economic needs that need to be met. It highlights four main structures in this research: i) sole owner of the condominium; ii) mixed-use development; iii) condo-hotel; iv) urban lot condominium. Such creations in general are legitimate expressions of constitutional private autonomy. So that the content of that protection worthiness implies a possible dialogue between the private autonomy and rights in rem, for the mixed-property condominium illustrates new type of real right, structurally and functionally autonomous from the common property. From this premise, it points up the essential and accidental elements of mixed-property condominium and criteria for the condominium agreement and the Assembly of deliberations deserve protection by law in the process of qualification in civil and constitutional perspective.