Análise da prática denominada "compra premiada" a partir da investigação da natureza jurídica do contrato e do cumprimento da oferta

Abstract

This monograph is scoped to analyze the legal nature of "winning purchase" contract and investigate if the practice is economically viable, given that this activity is growing in the state of Ceará. Adduced practice is to split a purchase and sale of movable property for future delivery, in which monthly draws are held, and where the buyer is drawn, it gets the property under the contract and disclaims of future installments. Initially, it will be considered the legal nature of "winning purchase" contract from the available contracts, in order to know whether it is a consortium of a capture people's savings or a contract of purchase and sale. Then it will be cleared the confusion between "winning customer" and the consortium and capture people's savings, determining that the legal nature of the contract, now under study, it is the purchase and sale, split, for future delivery, this one termination clause. Finally, we will investigate the economic viability of the practice, from the collected data, aiming to determine whether this practice is able to comply with all offers presented. The methodology to be used will be the literature, jurisprudence research, as well as technical and administrative advice notes of Official Organizations.