| Abstrakt: |
On the one hand, the Civil Code, in its art. 1.748, IV, authorizes the sale of properties in cases where it is judicially authorized. On the other hand, art. 1.749, I, of this same legal provision, establishes the prohibition of the guardian to acquire for himself or by interposed person, by private contract, such property belonging to the minor. Among these, the problematic of this article: can the curator/tutor establish and acquire the Right over Roof Slab of his curated/tuteled? For its due satisfaction, the first topic concerns the contextualization and approach of the right over slab in the contemporary legal-legislative-social scenario, as well as its peculiarities and legal requirements for its characterization. Subsequently, the general rules of guardianship and custody are discussed with regard to the (im) possibility of sale of assets of the incapable subjects. In the end, it is possible for the guardian to establish and acquire the Right Over Roof Slab of the tuteled/curated before the characterization of the legal prohibitions imposed, since the property remains in the tuteled/curated property and such conduct does not seem to bring no patrimonial or existential damage to these subjects. However, some requirements are stipulated. The construction of the present reasoning is anchored in the dogmatic, hermeneutic-concretizing, deductive and integrated research methods. [ABSTRACT FROM AUTHOR] |
