Resumo

PEREZ SOLANO, Jimmy Antony. The commercialization of real estate on plans or under construction. Legal analysis of the figure in Colombian law. Justicia [online]. 2019, vol.24, n.36, pp.123-142. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3526.

The rising of real state marketing on blueprints in the last two decades, has changed the tendencies of the construction business, establishing itself as a new and interesting figure for the legal field. Therefore, it is necessary to define what is meant by “the sale of property on blueprints” in the collective worldview or the marketing of those blueprints through linkage schemes in mercantile trust and what this legal business implies in strict accordance with the law, in order to realize whether or not the business is as advantageous as it appears in real estate and construction marketing strategies. Noting that, while there is a future expectation of acquiring a property, guaranteed by the contracting party (constructor) or by a third party (fiduciary), who assumes a position as a guarantor by managing the received funds for the development of agreed activities, it is necessary that those involved (buyer, constructor and fiduciary trust) know their legal and contractual implications when concluding this kind of contracts (unnamed) within Colombian Civil Legislation.

Palavras-chave : Marketing; Real Estate; Planes; Non-Existent Things; Trusts..

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