Controversies about the ambit of application of Tenancy Law in “built to suit” contracts
Keywords:
Built to suit, Real Estate Law, Tenancy Law, Contractual Freedom.Abstract
The contract freedom devoted in the Brazilian juridical system and the diversity of juridical relations derived from new economic and urban needs, have been reflecting directly in the real estate field. However, together with the contract innovations some uncertainties come up, specially in the ruling of these new juridical relations, raising inquiries around the applicable legislation in the new aspects of juristic act. It occurs with the “built to suit” contracts, that have a mix of subjects which range from the construction accomplichmnent, capital investment to the use remise, among others, leading to controversies around the application of the Tenancy Law. Thus, it is suitable to the law operator to face the causes related to this new contractual type the applicable principles, in order to define its framing in the juridical system.





