The articles 49 and 50 (10,931/2004 law) and the basic right to housing
DOI:
https://doi.org/10.5433/2178-8189.2005v9n0p15Keywords:
Articles 49 and 50 of law 10, 931/2004, provisory decisions, paymentAbstract
This article deals with the interpretation of articles 49 and 50 of law 10.931/2004, that establish conditions for the concession and maintenance of “provisory decisions” in the actions that have for object decurrent obligation of loan, real estate financing or alienation, concluding that they also possess they “a pedagogical” aspect, in the measure that they guide the debtor in the direction of that: better than take risks that will generate resulted but can not be supported to the end of the process, it is to pay the amount that, admittedly, the creditor is due, allowing, then, the borrower, the full enjoyment of the property right, in the foresee time contractually