A natureza jurídica da comissão de permanência / The legal nature of the commission of permanence

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The present paperwork has the purpose to study the legal nature of the commission of permanence in the Brazilian Law with the intention of demonstrating that, in spite of the fact that still there is controversy on its use; the normative that support its sustentation were issued by the Conselho Monetário Nacional. Without denouncing the anatocism and keeping off the arguments that point the illegality in the charge of the commission of permanence under the mere allegation that this charge are talked nonsense, this paperwork analysis the legal aspect of this question, focusing on this origin, peculiarities and basis of the institute. Permeate for a legal logic compatible with the dynamic mutation of the market logic, points, without economics pragmatisms, to the possible solutions for election of the points of convergence between the Law and the Economy, recognizing itself that both the phenomena has important value to demystify the question. Among the important questions mentioned in this paperwork, we highlight one that demonstrates that the commission of permanence is one kind of the sort interests, being classified as compensatory interests, third species in the division of the sort, which also contemplates the profitable interests and the moratorium one

ASSUNTO(S)

contratos -- brasil comissão de permanência commission of permanence direito juros -- leis e legislacao -- brasil conselho monetario nacional (brasil)

ACESSO AO ARTIGO

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