Real estate collateral sharing through fiduciary ownership

Abstract

The present article aims to analyze the sharing of real estate collateral through fiduciary contracts. For that matter, it will discuss the possibility of atypical contracts constituting and transferring real rights over immovable property, while demonstrating the need to harmonize two principles: strictness of real rights and atypicality of contracts. Therefore, this work will examine how far the registry officer is bounded to the principle of legality, as well as if the role brought by article 167 of law 6.015/1973 is exhaustive or inclusive. Then it will analyze the concept of fiduciary contracts and its functional capability, especially to efficiently allow collateral sharing. Finally, it will study the collateral sharing contract, highlighting its important role to optimize the usage of properties and thus to better meet the interests of both creditor and debtor.