O Que É Universalidade de Fato? (com exemplos)

Por
Pedro Santos
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327
15580

CEBRASPE (2008):

QUESTÃO ERRADA: Nas diferentes classes estabelecidas no Código Civil para bens, a herança é uma universalidade de fato, pois corresponde à um conjunto de bens singulares que pertenceu à mesma pessoa, constituindo-se como um complexo de relações jurídicas, de uma ou mais pessoas, dotadas de valor econômico e que se consideram de per si, independentemente dos demais.

A herança, na verdade, é universalidade de direito, pois é dotada de valor econômico, conforme dispõe o art. 91, CC

Art. 90. Constitui universalidade de FATO a pluralidade de bens singulares que, pertinentes à mesma pessoa, tenham destinação unitária.

Parágrafo único. Os bens que formam ESSA universalidade podem ser objeto de relações jurídicas próprias.

Art. 91. Constitui universalidade de DIREITO o complexo de relações jurídicas, de uma pessoa, dotadas de valor econômico.

Universalidade de fato = bens palpáveis (biblioteca, p. ex.);

Universalidade de direito = bens não palpáveis (massa falida, p. ex.).

BENS SINGULARES E COLETIVOS

No que tange os bens singulares e coletivos, temos os Arts. 89 e 91 do CC. Bens singulares, conforme visto na doutrina de Nelso Rosenvald é ”bens considerados em sua individualidade independentemente dos demais” (ROSENVALD, 2007, p.359). É uma unidade física independente. “são individualizados como um livro ou um apartamento” (FIUZA, 2004, p.176) carro, etc.

Bens coletivos é a reunião de bens que serão considerados em seu conjunto formando um todo unitário. “As coisas coletivas formam universalidade de fato ou de direito” (STOLZE, 2007, p.268), vejamos:

Universalidade de fato: “conjunto de bens de uma pessoa que tenham destinação unitária” (STOLZE, 2007, p.268). Ex: uma biblioteca ou uma galeria de quadros ou estabelecimento comercial.

Universalidade de direito: complexo de relações jurídicas de uma pessoa dotadas de valor econômico. A norma jurídica é que confere unidade a esses bens. Ex: herança, massa falida, bens do ausente.

Os bens coletivos costumam ser subdivididos em universalidade de fato e universalidade de direito. No primeiro grupo situam-se bens singulares, corpóreos e homogêneos, que foram unidos pela vontade humana para a consecução de um fim, como ocorre com a biblioteca. No segundo grupo, tem-se um conjunto de relações jurídicas relativas a determinada pessoa, que representam valor econômico unitário, ex: massa falida, herança.

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Fonte: Código Civil para Concursos – Cristiano Chaves.

CEBRASPE (2021):

QUESTÃO CERTA: O estabelecimento empresarial pode ser considerado universalidade de fato, ou seja, pode ser tratado como objeto unitário de direitos e de negócios jurídicos, permitindo-se, contudo, a negociação de bens isolados integrantes do estabelecimento.

CEBRASPE (2013):

QUESTÃO ERRADA: Uma universalidade de fato é um bem coletivo cuja natureza não pode ser alterada pela vontade de seu titular.

Errado. Universalidade de fato (art. 90,CC) é a pluralidade (bem coletivo) de bens singulares, corpóreos e homogêneos, ligados entre si pela vontade humana, para um determinado fim.

Flávio Tartuce (Manual, p. 174) explica que universalidade de fato é o conjunto de bens singulares, corpóreos e homogêneos, ligados entre si pela vontade humana e que tenham utilização unitária ou homogênea, sendo possível que tais bens sejam objeto de relações jurídicas próprias.

CEBRASPE (2023):

QUESTÃO CERTA: O fato de os bens constituírem uma universalidade de fato não obsta que eles sejam objeto de relações jurídicas próprias.

A universalidade de fato é composta por um conjunto de bens corpóreos que o titular resolveu reunir de forma a permitir a que seja tratado como um todo ou individualmente. Os bens, necessariamente devem ser corpóreos e continuam autônomos.

Uma biblioteca por exemplo. Seus livros constituem uma universalidade de fato, ou seja, varios bens singulares (os livros) formam a biblioteca… Nada independente que o proprietário venda semente um desses livros.

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