IV – for the collection of taxes, property or land, royalties and contributions due on the basis of the family patrimony; For those who don`t know, there are two ways to have a family estate. These are voluntary family property, which is regulated by the Civil Code, and legal family property, which is regulated by Special Law 8.009/90. Due to the relevance of the institute, which aims at the preservation and protection of the family and the human person, the exceptions concerning disobedience to legal family property are easily included for tax purposes in Article 3 of Law No. 8.009/1990: for these debts, the claim of family property will not prevent the seizure of property. However, if the seizure is, the balance must be used in another building, as family property or in bonds for family support. In view of the above, we may perceive the practical benefit/necessity of the institution of family welfare, whether legal or conventional/voluntary. Due to the above, despite the values associated with the preparation of a deed of a family property institution and registration in the registration of property, this modality has a long-term advantage, as it protects the assets of the family unit with more legal certainty than legal family assets. Conventional or voluntary family property is punishable in the Civil Code in its art. 1,711 et seq. It can be understood as the part of the family property allocated by the family by public deed or will in order to establish it as family property, provided that it does not exceed 1/3 (one third) of the net assets existing at the time of its creation, including the immensity and relative inalienability provided for by Law 8.009/90 (depending on the consent of the interested parties and the hearing of the Public Prosecutor`s Office), the latter, if there is interest on the part of the incompetent) (SOARES, 2013). THIRD PARTY EMBARGOES. GOOD AS THE FAMILY.
LAW 8.009/90. NEED. NONEXISTENCE. The protection of Law 8.009/90 (LGL199021) (legal family property) does not require registration in the real estate register and is not confused with the so-called “voluntary family property” regulated in the arts. 1,711 to 1,722 of the Civil Code (LGL2002400). The first is guaranteed by the State itself, is procedural in nature and has a basis for its validity in the constitutional principle of the dignity of the human person, which guarantees all the minimum conditions for a dignified life. The second is of a material nature and is used by the owner himself to ensure the immensity and also the inalienability of the property. The condition in which it is rejected is rejected. (TRT 2 – 01906000920065020447, Rel. Des.
FLÁVIO VILLANI MACÊDO, 17th grade, Dje. 24/07/2015). In view of this, it is more convenient for those who want to protect a particular family property than the institution of this family property Article 1. The residential property of the couple or family business © is scandalous and is not responsible for any civil, commercial, fiscal, social security or other type contracted by the families or parents or children who own and live there, except in the cases provided for by this law. The well-being of the family should be the responsibility of rural and urban buildings, with their property and accessories. It may cover the values of property intended for the preservation of property and the preservation of the family. It should be noted that the buildings must form a single-family home. Although the law confers such a characteristic on the residence of the family institution, the establishment of family property can be of great value in a traditional/voluntary way if there is more than one family property and chooses to specify which one they wish to release as family property and give it the characteristic of immensity for debts that leave after its creation, and relative inalienability.
V – for performance on the property offered as an authentic guarantee by the couple or the family unit; A single paragraph. In the case of enforcement by the debts referred to in this Article, the balance existing in immovable property other than family property or on public debt securities shall be used to support the family, unless relevant reasons give rise to a different solution at the discretion of the judge. (our griffins) The protection of family property can be ensured in two ways, on the one hand by the application of Law No. 8.009/1990, which is called legal family property, and on the other hand by the institution through a public document registered in the registration of property in accordance with the Civil Code in 1,711 to 1,722 of the Civil Code and is considered voluntary family property. On the other hand, there is legal family property, which is not seizable and therefore cannot be used to repay debts contracted by the couple or family unit (here the single, separated, widowed person). Family property is defined in articles 1,711 to 1,722 of the Civil Code and Law No. 8.009/1990, with the aim of protecting the family business by allocating part of its assets as a family asset, leaving it unsecured in terms of debts after its creation. Art. 1º The residential property belonging to the couple or family unit is impenhorável and is not liable for any type of civil, commercial, tax, social security or other debt agreed upon by the spouses or parents or children who are their owners and live there, except in the cases provided for in this Law. A single paragraph. Immensity includes goods on which construction, planting, improvements of any kind and all equipment, including those for professional use, or furniture that furnishes the house, if paid. (our griffins) With regard to legal family property regulated by Law 8.009/90, it is the legal immensity of family property, regardless of voluntary registration at the civil registry office, and which lives with voluntary family property.
So if there are two houses, the protection is at its lowest value, but it is more valuable when the owners register it as voluntary family property. It should be emphasized that this family property has no value limit. To this end, family well-being and its main characteristic, that of immensity, are briefly discussed and proceed to the analysis of conventional/voluntary family property and finally legality. Legal family property is governed by the provisions of Special Law 8.009/90, which is specifically intended for the welfare of the involuntary family and, like voluntary family property, is divided into movable and immovable property. Kind. 1.711 – The spouses or the family unit may, by means of an authentic deed or will, allocate part of their property to the establishment of the family patrimony, provided that they do not exceed one third of the net assets that existed at the time when the institution maintained the rules relating to the immensity of residential property as defined in the special law (…). Previously, the case law had been consolidated in order to recognize legal protection for the benefit of the family and to understand that this protection cannot be excluded by the withdrawal of the debtor. But the case under discussion is strange, since the debtor gave the property as a guarantee to sign the agreement with the creditor and then came to maintain its immensity. A property even that had not previously been registered as voluntary family property. On the other hand, the legal family patrimony is defined in Law 8.009/90, which provides that, in the interest of the legal family, its effects are immediate, for the simple fact that the immovable property serves as a residence for the family, while in the volume they serve only after the registration of the constitutive title in the respective land register.
In the legality there is no limit to the value of the single apartment, while in the quantity the goods can not exceed 1/3 of the lãquido property at the time of the institute. Allows exchange, and the institution may stumble upon the property that best pro-seized the family unit. Legal family property is listed in Law No. 8.009/1990, which protects the residential property of the family business against “any type of civil, commercial, tax, social security or other debts incurred by the spouses or by the parents or children who own and reside therein”. The well-being of the family is not confused with the enforceable immensity in the process of enforcement at the residence of the family unit alone, protected by Law No. 8.009/1990 (so-called legal family property), and the latter© is the strange responsibility of the clerk, since only the judge is authorized to assess compliance with the legal requirements for this immensity. The legal does not die out with the desorication of conjugal society, while the volume is. The law creates the immensity of the good, while the volume of the immensity creates the inalienability, since the purpose of©family property prevails. Voluntary family property, sanctioned under article 1.711 of the Civil Code, is introduced by the act of will of the couple or family unit by formalizing the registration of real estate, eliminating two fundamental effects: limited immensity (means that the property is exempt from future debts, with the exception of tax obligations related to ownership and condominium fees – Art.