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The mandatory “propter rem” obligation of the property in light of the Brazilian legal system



In the Brazilian legal system, the obligation propter rem of the property is a fundamental figure to guarantee the social function of property and protect the collective interests of third parties. Through this obligation, the owner of a property is legally bound to certain responsibilities, regardless of whether or not he is directly responsible for the situation that generated the obligation, according to the Civil Code and Federal Constitution.

 

The propter rem obligation is provided for in article 1,299 of the Brazilian Civil Code, which establishes that real rights over real estate are only acquired with registration at the Notary's Office of Property Registration. This legal provision defines that obligations relating to the property accompany the asset, regardless of who the owner is. This peculiar characteristic of the propter rem obligation has the main objective of guaranteeing the legal security of transactions involving real estate and protecting collective interests that may be affected by the inappropriate or negligent use of the property.

 

In addition to the Civil Code, the obligation propter rem finds constitutional support. Article 182 of the Federal Constitution establishes that urban property fulfills its social function when it meets the fundamental requirements of city ordering, thus determining the link between property rights and the fulfillment of certain obligations in favor of collective well-being. In this sense, the obligation propter rem is strictly related to the social function of property, being essential to guarantee the harmony and balanced development of urban areas.

 

The practical application of the obligation propter rem can be observed in several cases, such as the owner's responsibility to pay condominium fees, even if he does not live in the property, IPTUS, or the obligation to keep the property in good condition to preserve the safety of neighbors and the community in general. These obligations arise directly from the link between the property and the rights of third parties or collective well-being, regardless of the owner's personal relationship with these rights or interests.

  

Conclusion:

 

This time, we can conclude that the obligation propter rem of the property is an essential legal figure to guarantee the protection of collective and third-party interests, as well as to ensure compliance with the social function of the property. Based on the Civil Code and supported by the Federal Constitution, this obligation establishes that certain responsibilities are inherent to the property, regardless of who the owner is. The mandatory obligation propter rem is crucial for social order and urban development, promoting harmony between individual and collective rights and ensuring the preservation of the well-being of the entire community.

 

In addition, balancing the interests of the parties involved, establishing responsibilities and ensuring legal certainty, however, it is necessary for legal operators to act coherently, considering the particularities of each case and promoting justice in the context of real estate relations.

 

Regardless of the notes declining the obligation propter rem it continues to be the subject of studies and debates in doctrine and jurisprudence, whatever view new challenges that arise with constant social and technological transformations, therefore requiring constant evolution of law to keep up with these changes.

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