THE RESPONSIBILITY OF THE PROMITTED SELLER FOR CONDOMINIUM CHARGES DUE TO CONTRACT TERMINATION

Abstract

The objective of this article is to demonstrate in a practical way who is responsible for the condominium debts of the promisor seller and the promisor buyer from the perspective of theory and jurisprudence. The methodology used was the qualitative method, based on bibliographical studies of the authors and judges who judged Special Appeal No. 1.288.890 PR, addressing the main theme of the present work, which will provide a better understanding of the matter. It is concluded that each case regarding the termination of the contract and the debts left must be analyzed individually, although as a rule the fees must be paid by the owner of the asset, as mentioned in the Brazilian Civil Code. It is recommended that individuals who wish to purchase a property check all the information relating to the property, particularly with a view to protection through adhesion contracts that include unilaterally proposed abusive clauses, therefore it is essential to be accompanied by a specialized lawyer so that the consumer have your rights and guarantees preserved.