A execução da alienação fiduciária de imóvel: uma análise da execução administrativa e judicial
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The research has aimed at identifying the procedure of mortgage execution and the difficulty faced by mortgage creditors, both in what concerns running the administrative process as anticipated by Lei nº 9514/97, as well as the lawsuit, provided for in the Civil Procedures Code. The work presents an introduction that nominates the legislative framework from Lei nº 9.514/97 and it points out the problems identified from the application of the mentioned law. After that, the questions regarding the mortgage execution were presented in two chapters, the second one being dedicated to the administrative process and the third to the actual lawsuit or judicial execution. To conclude, the work analyzes the application of the theory of substantial compliance and in its conclusion brings an analysis of all questions pointed and suggestions towards the improvement of procedures related to collateral issues.