Bem principal e acessório: estudo sobre suas espécies e critérios identificadores à luz do Código Civil de 2002

Abstract

The present work presents a detailed study on the goods mutually considered in the light of the Civil Code of 2002. It begins with the differentiation between the concepts of thing and good, as well as the identification and legal discipline of goods in the Civil Code of 2002, including their classification. After a brief exposition on the classification of goods considered in themselves (movable and immovable, simple and composite), and of the goods considered reciprocally (principal and accessory), we move on to an in-depth study of the new types of goods introduced in the Brazilian legal system by the Civil Code of 2002, which are the integral parts and the belongings. As for the integral parts, its concept is presented, its existence requirements and a differentiation is made in relation to the component parts, between essential and non-essential, furniture and real estate integral parts and, finally, the question about whether or not accessory goods. With regard to belongings, after conceptualizing them, the questions about whether they are movable or immovable, main or accessory assets are answered and, also, the difference between them and the integral parts is made. As it could not be otherwise, the fruits, products, income and improvements are studied under the prism of their eventual classification as belongings or integral parts. The last part of the work is dedicated to the analysis of the provisions of the Civil Code of 2002 relating to the Law of Obligations, Contractual, Possession, Property and Condominium, from the perspective of a prior understanding of the mutually considered assets.