Patrimônio de afetação em recuperação judicial e falência do incorporador imobiliário
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This dissertation contributes to implementing a system that allows the novation of outstanding debts from a real estate development under the segregate estate rules, after creditors’ acceptance, in a committee of creditors, of a judicial reorganization plan presented by a real estate developer. The dissertation is divided in three parts. The first part is subdivided in two. At first, the legal concept of estate is analyzed in the light of theories designed over time. Then, said concept is integrated into the idea of universality of rights, currently embodied by article 91 of the Brazilian Civil Code. In the second subsection, this dissertation discusses real estate development activity, from which the figure of segregate estate emerges. This concept has been established by Brazilian Federal Law n. 4.591/1964. The second part, in its turn, is subdivided in three. Firstly, it brings Brazilian Bankruptcy Law and Real Estate Development Law together. Secondly, the question about the judicial reorganization of a real estate developer is examined, presenting, after that, the most important cases that are being processed in Brazilian courts. Finally, it presents issues arising from the event of decree of bankruptcy and comments the most important bankruptcy case after the enactment of Brazilian Federal Law n. 10.931/2004. The third and last part fulfills the mission of exhibiting the arrangements that are available for real estate developers in crisis, their creditors and real estate unit buyers, to reach, in a legally secure environment, the uplifting in favor of business activity in judicial reorganization, by the payments of credits under the judicial reorganization proceeding and delivering of real estate developments in the shortest possible time.