RETURN OF AMOUNTS PAID IN CASES OF WITHDRAWAL OR DEFAULT IN PROPERTY PURCHASE AND SALE CONTRACTS: AN ANALYSIS IN LIGHT OF THE CDC AND LAW 13.786/18

Abstract

This study aims to investigate the return of the amounts paid in real estate purchase and sale agreements in cases of withdrawal or default, observing the provisions of article 53 of Law 8078/1990 (Consumer Protection Code), which prohibits the existence of an abusive contractual clause that allows the supplier to retain the integrity of the installments paid by the consumer in case of breach of contract, as well as Law No. 13786/18, which deals with the termination of real estate contracts due to default. This research aims to certify the aforementioned device, interpreting it to the promissory contracts of purchase and sale and the high default rates. The Federal Constitution provides for the social purpose of contracts, emphasizing consumer relations, in addition to promoting the right to housing and consumer protection. In this case, consumer rights are elevated to the quality of fundamental rights, being one of the principles of the economic order, integrated with the principle of human dignity, of the social values of labor, of private initiative, of a free society, of fair and solidary national development, in short, aiming at the eradication of poverty and marginalization, as well as the reduction of social and regional inequalities.