O contrato built to suit e a sua compatibilidade com as ações locatícias

Abstract

This master's dissertation proposes to analyze the compatibility of the lease actions with the built to suit contracts of a business nature, after the advent of Law nº 12.744/2012. Therefore, using the semiotic method, the current legal-normative panorama of these real estate operations is portrayed and, in the course of the work, their nomenclature, concept, development and legislative frameworks are explained. Also exposed are the main parties involved, the characteristics and advantages that make these legal transactions attractive. From this, the classifications and legal qualification of the built to suit contracts governed by article 54-A of the Tenancy Law are studied. Then, there is the exposition of the procedures of the lease actions and the analysis of their compatibility with the built to suit contracts, being explored the main procedural rules whose application causes divergences in the specialized doctrine. Finally, it is concluded that the mixed atypicality of built to suit contracts does not affect the application of the Tenancy Law procedures, which are compatible, although some provisions must be interpreted with caution, in line with the peculiarities of this contractual modality.