O pacto marciano como cláusula executiva na alienação fiduciária imobiliária

Abstract

This work deals with legal security and the simplification of the extrajudicial execution system in the fiduciary sale of real estate, highlighting the relevance of the Martian pact. The object of investigation consists of analyzing the efficiency and limitations of the real estate guarantee system in force in Brazil. The general objective is to demonstrate how the Martian pact can contribute to making the guarantee enforcement process fairer and more efficient, benefiting both creditors and debtors. The methodology used was a bibliographical review, addressing national and foreign doctrines, in addition to updated legislation, such as the Legal Framework for Guarantees (Law nº 14,711/2023). The main results indicate that the adoption of the Martian pact can provide greater legal security, agility in extrajudicial execution and equity in contractual relationships, avoiding unjust enrichment and expanding access to credit in the real estate market.