Resumo de Brazilian Superficies Value: Orientation For The Construction Of Concession Contract

Brazilian superficies value: orientation for the construction of concession contract.Brazilian superficies (Leasehold) is a legal instrument which wasinstituted by the Law 10.257/2001, commonly known as Estatuto da Cidade(Urban Land Use Regulation Law) and also by the Civil Code of 2002.Superficies offer a legal structure that permit third parties todevelop projects on a land and guarantee a recovery of full propertyright for its land owner at the same time. For a entrepreneur who is infront of a decision to develop project as a superficies holder,superficies value can be used as an indicator that shows hisinvestiment security and a construction of contract is fundamental toprotect his investiment. This dissertation?s objective is to provide aguidance to entrepreneurs to construct their contracts with mecanismthat preserve superficies value during a concession term, from asuperficies holder?s point of view. To reach objective, superficiesvalue was analysed, clarifying contract condicions? influences over thevalue and their vectors and variables which cause a value fluctuationand also contractual mecanism for value protection was discussed. Theresult demonstrated that major contractual conditions that affectsuperficies value are object, term and indemnification value at the endof the term. Value fluctuation is provoked by occurrence of deformationof conjuncture and/or market or contractual conditions alteration,relative to the reference scenario and their vectors are investmentlevel and return level. The guidance proposed in this dissertation forthe construction of concession contract of superficies was: 1. isessential clarify that the superficies conceded is based on which law;2. concession objective must be founded through the analysis followinga proper routine; 3. the concession term must be stipulated for alimited period, taking aim at compatibility with economic attainabilityintended by the project, not counting a indemnification at the end ofterm. The value protection mecanism proposed is: 1. for the unilateralalteration of contractual conditions by land owner, the superficiesholder must retain his right to cancel the contract and receiveindemnification; 2. for conjuntural variables? deformation, express theeconomic condition the contract is based on and retain right ofrenegociation in case of exceptional occurance; 3. insert compromiseclause for arbitration.

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