Contrato de compra e venda como título para a transmissão da propriedade mobiliária

Abstract

The following study was done with the aim of placing sale contract as the title that functions as the basis for the passing of personal property in Brazil, considering the obligational power the Brazilian law system confers to given contract. It started from an introductory and resumed analysis of property, considered property in Roman law and property in Brazilian law, and studied the object of property, considered the classification in real property and personal property. It was searched the modus aquisitionis said universal for the acquisition or the passing of personal property, as well as delivery. The foreigner law systems for passing of personal property were analyzed under the consideration of recognizing sale contract exclusively as the title for the passing of personal property, the modus aquisitionis being also demanded, or recognizing the power of passing of property to sale contract itself. There were identified the peculiar characteristics of the foreigner systems and there were analyzed specific situations in which responses of the foreigner systems are similar to the Brazilian system responses themselves. In progression, it was studied the sale contract and its obligational or real power under the foreigner law systems, such as the obligational power of sale contract under the Brazilian law system, each one with their own consequences. Finally, there were analyzed concrete situations in which the effectiveness of judgement is granted for the identification of sale contract as the title and of delivery as the modus aquisitionis for the passing of personal property