Alienação particular em execução por quantia certa contra devedor solvente

Abstract

Before the advent of Law n. 11.382 / 06, the expropriation methods were divided into: award, sale at auction and enjoyment of movable and immovable. Between the methods initially quoted, the most important and usual, was the auction where only those who were properly legitimated could participate in the enforcement process, if they cover the minimum value determined by the valuation in first square, or since the or that the highest offer in second square when it’s about assents realty. With the reform of the Civil Procedure Code introduced by the law n.11.382 / 2006, was established a new modality expropriation on the implementation processes, for certain exactly amount against a solvent debtor, called as 'sale by private enterprise'. The legislator when create this new modality, wanted to protect the interests of the creditor, and because of this, the process of implementation has become faster and satisfactory for both, the lender and for the borrower, and for the judiciary system, Because of this, many interested people to take forward the process and were behind what was owed. This new modality greatly helped the judiciary system, because the interest factor was a big encourage , taking the creditors themselves to search means faster and effective to achieve the payment of the obligation pleaded. On this paperwork will be accomplished on brief study about the execution process, and those modalities on use today, with special attention for the private initiative