Abstract
This article examines whether the claim of substantial performance is a possible means of defense in the extrajudicial search and seizure procedure for vehicle fiduciary sale at the Registry of Deeds and Documents (RTD), included in Decree-Law 911/2023, by the New Guarantee Law. To this end, it analyzes aspects of the constitutionality of the new procedure in light of the judgments of the Supreme Federal Court regarding the extrajudicial execution of mortgages (RE 627,106) and the fiduciary sale of real estate (RE 860,631). It then establishes that objective good faith is the meta-legal premise of substantial performance, studying its (in)compatibility with the claim of substantial performance in the enforcement procedure at the RTD. It presents doctrinal views on the theory of substantial performance, with evidence of its acceptance in the Brazilian legal system. Next, it summarizes the extrajudicial search and seizure procedure, according to the new legislation, drawing a parallel with the already consolidated jurisprudence, regarding similar procedures. It moves on to the analysis of the results, whose comparison points to the inadmissibility of the claim of substantial fulfillment, both in judicial proceedings and even more so in extrajudicial proceedings, given the summary cognition of the registrar, in the search and seizure procedure of the fiduciary alienation in vehicles.
Published Version (
Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
