Juros atrelados à alienação fiduciária em garantia e à hipoteca sob a análise econômica do direito em financiamentos imobiliários

Abstract

This paper reports on real estate financing and its costs, both economic and transactional, both economic as transactional, tied to the kinds of collateral security. The study made an economic and legal analysis on the purchasing of real estate business, its formalities and along with the acquisition and establishment of rights in rem, with the particularity of the Notary and Registry System. Addressed the contract in your broader meaning, in particular under the focus of the costs linked to financing of real estate. A literature review which aimed, according to experts, the greater the certainty of smaller business are its costs as much as economic transaction, transactional. The empirical research conducted collected information of license plates that contained mortgages secured by mortgage and chattel mortgage, extracting them information about the value of credit financed, the term of this funding and the amount fixed interest by the financial institution. Doing a rereading of the mortgage and chattel mortgage, real estate guarantees more used in Brazil, sought to reconcile the costs associated with these and that security would be tied, implying higher costs or smaller depending on the efficiency of the warranty, since the highest probability of financial agent rescue the amounts transferred to the debtor would indicate less interest rate. The background of the study combines the highest degree of security to lower costs, seeking to foment so real estate transactions more efficient.