O conceito de true sale no direito brasileiro
AUTOR(ES)
Bruno Pierin Furiati
DATA DE PUBLICAÇÃO
2009
RESUMO
This work discusses the securitizations basic foundation, which is the effective and irrevocable transference of credits by the assignee to the assignor - the true sale. Nevertheless, to understand the its correct meaning, it is necessary to analyze each and every aspect of the components of the transaction, including the assignment. The result of the consideration of the North American laws concepts will create the way for the definition in the scope of the Brazilian law. Indeed, this is why aspects of Brazilian law will be laying side by side with the North-American doctrine. In addition, to be able to reach the assignments analysis on a bankruptcy event, it is necessary to go over the aspects of the contracts law, which will be discussed on the second section. It is not only a Brazilian law review, but also a study with a background on the European legal system. This will be necessary to accomplish a concrete solution for this work. Finally, the last section will go through the commercial laws aspects, a the same time connecting it with some subjects of the contract law theory. The bankruptcy and the issues attached to it shall be formally addressed in a systemic way, so it would be able to answer the questions that arouse from the true sale
ASSUNTO(S)
contratos -- brasil bankruptcy contratos direito comercial devedores e credores -- brasil falência fraud against creditors fraude contra credores contracts assignment securitização assignment agreement contrato de cessão inefficacy ineficácia cessao (direito) -- brasil securitization true sale
