Loss of property: understand the hypotheses

Much is said about the condominium life and the property as a whole.

It turns out that little is said about the loss of property, despite being an extremely important issue.

For this reason, the content below aims to clarify a little of this subject.

1. Ways of losing property

The Brazilian civil code will direct us about the loss of property, establishing such premises in Article 1275, unless we see:

a) Disposal;

b) Waiver;

c) Abandonment;

d) Perdition of the thing;

e) Expropriation.

It is important to mention that the property is lost voluntarily (alienation, resignation and abandonment) or involuntarily (Perdition of the thing and expropriation).

In addition, it is an exemplary role, and may also have other means of loss of property, such as: Usucapião, accession, auction and adjudication.

When we talk about adverse possession and accession, we immediately think that it is a means of acquiring property, however, it can also be a loss.

1.1 Disposal

Alienation is the legal business where the owner transfers (free of charge or for a fee) to another his right over immovable or movable property.

According to Nelson Rosenvald:

The term alienation is reserved only for voluntary transfers, arising from a bilateral legal transaction, including in its meaning other contracts

Important point:

a) The sale requires a public deed - in cases where the value is higher than 30 minimum wages, see:

Art. 108. Not having the law to the contrary, the public deed is essential to the validity of the legal transactions that aim at the constitution, transfer, modification or waiver of real rights over properties of more than thirty times the highest minimum wage in force in the Country.

b) The effects of the sale are subordinate to tradition, for movable assets as well as the registration of a property title, as shown below:

Article 1,226. Real rights over movable things, when constituted, or transmitted by acts between the living, are only acquired through tradition.

And still:

Real rights over properties constituted, or transferred by acts between the living, are only acquired with the registration in the Real Estate Registry Office of the referred titles

Note: The effects of the sale are subject to tradition, for movable assets, except if it is (planes and ships).

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1.2 Waiver

Regarding the resignation, we say that this is a unilateral legal transaction. Do you know why?

Here the owner declares that he does not want that property. In other words: we are not talking about transference (as in alienation). Therefore, no one benefits.

It is important to remember that the resignation is so serious that it needs to be formalized by public deed - in the same format as the alienation.

According to Nelson Rosenvald:

The only modality of waiver of real estate that leads to immediate acquisition of assets by a new owner is the waiver of inheritance.

1.3 Abandonment

In abandonment, the owner undoes the “thing” simply because he does not want it. You don’t want to be its owner.

You may be asking yourself, but isn’t that in the resignation? Let’s clarify.

Remember that we said that the waiver needs to have an express act? In abandonment this does not happen. Just the signs of abandonment and contempt are enough to be configured.

IMPORTANT: the urban property that the owner leaves, with the intention of no longer keeping it in his / her patrimony, and that if it is not in the possession of another person, can be collected, as a vague good, and passed, three years later, to the property of the owner. Municipality or that of the Federal District, if it is found in the respective circumscriptions.

1.4 Perishing

It is the involuntary loss of property due to material perishing. Rosenvald says that:

For there to be perishing, the material fact must reach the substance of the thing completely, or else cause the loss of its essential qualities or of its economic value. Therefore, perishing is not to be confused with destruction or demolition. The property is not destroyed, but the accessory added to it, which often provides an economic advantage to the owner.

To simplify, perishing can happen by natural force or human activity, where there is no longer a right - the object is missing, that is: “There is no right without an object “.

1.5 Expropriation

Finally, expropriation can be considered as a form of acquisition and loss of property, which is divided into:

a) Public need: If there are urgent security issues;

b) Social Interest: For agrarian reform purposes;

c) Public Utility: Aims to satisfy collective interests.

It is worth remembering that the expropriation process takes place through: administrative or judicial agreement through indemnity.

Source: Tajarat.com.pk

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Much is said about the condominium life and the property as a whole. It turns out that little is said about the loss of property, despite being an extremely important issue. For this reason, the content below aims to clarify a little of this subject. ## **1. Ways of losing property** The Brazilian civil code will direct us about the loss of property, establishing such premises in Article 1275, unless we see: a) Disposal; b) Waiver; c) Abandonment; d) Perdition of the thing; e) Expropriation. It is important to mention that the property is lost voluntarily (alienation, resignation and abandonment) or involuntarily (Perdition of the thing and expropriation). In addition, it is an exemplary role, and may also have other means of loss of property, such as: Usucapião, accession, auction and adjudication. When we talk about adverse possession and accession, we immediately think that it is a means of acquiring property, however, it can also be a loss. ### **1.1 Disposal** Alienation is the legal business where the owner transfers (free of charge or for a fee) to another his right over immovable or movable property. According to Nelson Rosenvald: The term alienation is reserved only for voluntary transfers, arising from a bilateral legal transaction, including in its meaning other contracts Important point: a) The sale requires a public deed - in cases where the value is higher than 30 minimum wages, see: Art. 108. Not having the law to the contrary, the public deed is essential to the validity of the legal transactions that aim at the constitution, transfer, modification or waiver of real rights over properties of more than thirty times the highest minimum wage in force in the Country. b) The effects of the sale are subordinate to tradition, for movable assets as well as the registration of a property title, as shown below: Article 1,226. Real rights over movable things, when constituted, or transmitted by acts between the living, are only acquired through tradition. And still: 1227. Real rights over properties constituted, or transferred by acts between the living, are only acquired with the registration in the Real Estate Registry Office of the referred titles Note: The effects of the sale are subject to tradition, for movable assets, except if it is (planes and ships). [Sky Marketing](https://www.skymarketing.com.pk/) strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. With projects [blue town sapphire](https://www.skymarketing.com.pk/blue-town-sapphire-lahore/) ### **1.2 Waiver** Regarding the resignation, we say that this is a unilateral legal transaction. Do you know why? Here the owner declares that he does not want that property. In other words: we are not talking about transference (as in alienation). Therefore, no one benefits. It is important to remember that the resignation is so serious that it needs to be formalized by public deed - in the same format as the alienation. According to Nelson Rosenvald: The only modality of waiver of real estate that leads to immediate acquisition of assets by a new owner is the waiver of inheritance. ### **1.3 Abandonment** In abandonment, the owner undoes the “thing” simply because he does not want it. You don't want to be its owner. You may be asking yourself, but isn't that in the resignation? Let's clarify. Remember that we said that the waiver needs to have an express act? In abandonment this does not happen. Just the signs of abandonment and contempt are enough to be configured. IMPORTANT: the urban property that the owner leaves, with the intention of no longer keeping it in his / her patrimony, and that if it is not in the possession of another person, can be collected, as a vague good, and passed, three years later, to the property of the owner. Municipality or that of the Federal District, if it is found in the respective circumscriptions. ### **1.4 Perishing** It is the involuntary loss of property due to material perishing. Rosenvald says that: For there to be perishing, the material fact must reach the substance of the thing completely, or else cause the loss of its essential qualities or of its economic value. Therefore, perishing is not to be confused with destruction or demolition. The property is not destroyed, but the accessory added to it, which often provides an economic advantage to the owner. To simplify, perishing can happen by natural force or human activity, where there is no longer a right - the object is missing, that is: "_There is no right without an object_ ". ### **1.5 Expropriation** Finally, expropriation can be considered as a form of acquisition and loss of property, which is divided into: a) Public need: If there are urgent security issues; b) Social Interest: For agrarian reform purposes; c) Public Utility: Aims to satisfy collective interests. It is worth remembering that the expropriation process takes place through: administrative or judicial agreement through indemnity. **Source**: [Tajarat.com.pk](https://tajarat.com.pk/) [Patterjack dog breeds](https://patterjack.com/blog/can-dogs-eat-peanut-butter) [murshidalam](https://murshidalam.com/free-ebooks-download/) [fix bluury images](https://techiedigest.com/google-photos-is-updated-and-now-allows-you-to-fix-blurry-images/)

#12 Loss of property: understand the hypotheses