Imobiliário
Autor | Des. José Divino de Oliveira |
Páginas | 63-65 |
Page 63
Civil. Contrato de construção de imóvel. Agravo retido. Perda do objeto. Apelação. Registro dos memoriais e averbação de carta de habite-se. Responsabilidade da incorporadora. Provimento. I - Havendo perda superveniente do objeto do agravo retido, não se conhece do recurso. II - A incorporadora é responsável por arquivar os documentos relativos à obra, tais como, o projeto de construção e o memorial descritivo, e a averbar a construção da edificação, para fins de individualização e discrimina-ção das unidades, a teor dos artigos 32 e 44 da Lei n° 4.591/64, não sendo possível transferir os ônus pelos respectivos emolumentos cartorários aos adquirentes das unidades imobiliárias. III - Deu-se provimento ao recurso.
(TJ/DF - Ap. Cível n. 20070710355584 - 6a. T. Cív. -Ac. por maioria - Rei.: Des. José Divino de Oliveira - Fonte: DJ, 01.09.2011).
Civil e processual civil. Ação de cobrança. Cotas condominiais. Embargos de declaração. Omissão, contradição ou obscuridade. Não ocorrência. Prescrição da pretensão de cobrança de quotas condominiais. Incidência do 206, § 5o, I do CC/02. 1. Ausentes os vícios do art. 535 do CPC, rejeitam-se os embargos de declaração. 2. Na vigência do CC/16, o crédito condomi-nial prescrevia em vinte anos, nos termos do seu art. 177. 3. Com a entrada em vigor do novo Código Civil, o prazo prescricional aplicável à pretensão de cobrança das quotas...
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