Uniube+ Direito das Coisas - Semana 13.2

Summary

This video discusses the concept of mortgage duration in Brazilian law, explaining that the maximum mortgage term is 30 years, as stipulated by the Civil Code. It emphasizes that the duration of a mortgage cannot exceed the length of the debt and that mortgages may be renewed but cannot exceed 30 years. The video also highlights a playful expression in legal doctrine, 'US champion of freedom,' which refers to this maximum period. It further clarifies that if the mortgage term exceeds 30 years, a new mortgage agreement can be made, preserving the original priority of creditors.

Takeaways

• 😀 The maximum duration for a mortgage in Brazilian law is 30 years, as set by the Civil Code.
• 😀 Mortgages can be extended within the 30-year limit, but no extension can exceed this timeframe.
• 😀 If you have a 10-year debt, you can set a mortgage for 10 years or less, and renew it within the 30-year limit.
• 😀 The key rule is that the mortgage's duration cannot surpass the debt's duration after the 5th year.
• 😀 If the debt is 5 years long, the mortgage cannot exceed this period, as there would be no debt to secure beyond that point.
• 😀 A mortgage must have a duration equal to or shorter than the debt it secures.
• 😀 You can renew a mortgage for up to 30 years, but it must be done in intervals, such as 15 years and then another 15 years.
• 😀 The phrase 'US champion of freedom' is a playful term used in doctrine to refer to the 30-year mortgage limit, though it's not a legal term.
• 😀 If the debt exceeds 30 years, a new mortgage can be created, but it must not exceed 30 years in total duration.
• 😀 After 30 years, a new mortgage can be signed for the same property and debt, but the priority ranking of creditors is maintained to avoid losing their position.

Q & A

What is the maximum duration of a mortgage (hipoteca) under Brazilian law?

The maximum duration of a mortgage in Brazilian law is 30 years, as specified by the Civil Code.

Can a mortgage be extended beyond 30 years?

No, a mortgage cannot be extended beyond 30 years. However, it can be renewed within that period, such as extending a 10-year mortgage for another 10 years.

What happens if a debt is longer than 30 years? Can a mortgage be created for that length?

If a debt exceeds 30 years, a new mortgage can be established, but it cannot exceed 30 years. The new mortgage will maintain the ranking of creditors from the previous one.

What is the role of a mortgage in securing a debt?

A mortgage is a guarantee tied to a debt. If the debt doesn't exist, the mortgage also doesn't exist. It's an accessory right tied directly to the debt it secures.

Can a mortgage duration exceed the length of the debt it secures?

No, the mortgage cannot have a duration longer than the debt it guarantees. For example, a 5-year debt cannot have a mortgage of 10 years.

What does the term 'US campeão da liberdade' refer to in the context of mortgages?

'US campeão da liberdade' is a humorous and informal term in legal literature, not a formal legal term. It refers to the idea that 30 years is the ultimate limit for a mortgage duration in Brazilian law.

What happens to a mortgage after 30 years if the debt continues?

After 30 years, a new mortgage can be created for the same debt and property. This new mortgage will not extend the original mortgage but will maintain the priority of creditors from the original mortgage.

Can the original ranking of creditors change after a new mortgage is created?

No, the ranking of creditors remains the same even after a new mortgage is established. The law ensures that the original creditors' preferences are maintained.

Is there any situation where a mortgage can exceed 30 years in Brazilian law?

No, Brazilian law does not allow mortgages to exceed 30 years. Any situation requiring a longer term must involve creating a new mortgage contract.

What is the main legal principle behind the 30-year mortgage limit in Brazil?

The main legal principle is to prevent mortgages from becoming perpetual. The 30-year cap ensures that a mortgage stays connected to the debt, which has a finite duration, and that creditors' rights are protected without allowing indefinite extensions.