Abstract

ALMEIDA, Marcus Elidius Michelli de  and  MOLINA, Fabiana Ricardo. LEGAL REGIME APLICABLE FOR FIDUCIARY COLLATERAL AGREEMENTS. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.637-656.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.34.

The purpose of this article is to describe the fiduciary collateral agreements, involving movable assets or real state, analyzing its legal nature, parts, objective, subjective and formal requirements, distinguishing it from other institutes, such as the mortgage and the pledge. It is intended to study the consequences of default under this agreements, as well as the controversial issues related to this contractual modality, such as the applicability of the Brazilian Consumer Protection Code, the effects of the debtor's bankruptcy and the lease agreement, in cases where the asset leased is subject to fiduciary alienation. Additionally, this article intends to discuss the advantages of the general fiduciary collaterals, considering the fiduciary creditor point of view, especially the possibility of extrajudicial foreclose of the collateral, in case of debtors’ default.

Keywords : Fiduciary Alienation; Fiduciary Property; Security interest; Financing; Acquisition of movable or immovable property; Collateral.

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