Ensaio sobre o direito real de laje como previsto na Lei 13.465/17

Abstract

The purpose of this article is only to begin the study of the right in rem to construct on someone else’s building. The paper seeks to think over the impact of the new right on Brazilian law and registry practice, as well as to contribute to the debate on the subject. What is expected, after all, as the legislator points out in the explanatory memorandum, is that the new right in rem can be made more effective. The creation of the right in rem to construct on someone else’s building, as an institute that fills the gap between the surface right and the condominium building, was a great step in order to make possible the regularization of de facto situations. The methodology applied consisted in the analysis of the law and the incipient national doctrine on the subject-matter, as well as in the analysis of the Spanish and Belgian law and doctrine.