Definition of the concept of Real Estate in the Doctrine and the Constitutional Legal System – Brazilian and international civil liability: Article 1.225, Item I, of Law 10,406 of January 10, 2002, instituting the Brazilian Civil Code

Abstract

The offer of this craft aims to define the concept of real estate. Tracing a general historical evolutionary panorama, from prehistory to contemporary days, referring to Real Law, on a global scale, relating the historical reasons, social and economic systems to the relation of real estate property, which led its appearance and development to the conglomerates that established the cities. Including the creation of its concept in a national and international nature, ordered by systems of governments in their governmental regimes, with an interdisciplinary focus, providing not only basic, more also understanding the factors of the construction industry, motive of the economic vector of the wagons of small economies, public and private properties through daily life, visualizing the trajectory of a researcher’s observation to the result of this work , from which it was conducted in a logical sequence. The methodology was based on bibliographic research, an approach on the problem, using the methods: inductive, historical procedure, with that of real life observation, corresponding to the delimitation of the theme, leading to a specific path, that is, to define the concept of real estate property. Going from the most particular findings, to the laws and doctrinal theories, in an ascending communication. The question and the problem of this work lie in the question: what is real estate? It is worth elucidating, the right of the owner and his faculty, present in the Brazilian Civil Code in force. The origin of real estate in history arises in the Old Ages, in the Middle Ages arises the faculty of the owner, among other appearances, such as: condominium, dichotomy: public and private lands, possession, nomenclature: Real Law, etc. In several Constitutions, Codes and International Legislation, the definition of this concept was not found.