A incidência do princípio do equilíbrio econômico nos contratos built to suit

Abstract

The present work has as object of study lease agreements called built to suit, introduced recently in Brazilian law and of remarkable relevance in the real estate market. Such contracts carry an atypical mode of lease and cover very specific characteristics, especially as it pertains to some of its clauses. Thus, investigates the classification and legal nature of these contracts, as well as its structure and function, in order to better understand compliance of some of his special clauses to the beginning of the economic-financial balance. In particular, the clause of renunciation of action revisional rental and the penal clause, such as compensatory ordinarily agreed in such types of leasing, in order to guide the limits of State intervention, especially on the part of the judiciary.