Os créditos documentários as cartas de créditos e os usuais instrumentos funcionários do comércio intercional / Os créditos documentários as cartas de créditos e os usuais instrumentos funcionários do comércio intercional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

In the juridical world, the documented credits [registered in the cir-culating passive, by the emitter companies] are seen as banking con-tracts. In this work last demonstrated that these papers, despite of having origin in contractual and mercantile descriptor, change position in its a-broad presentations: the letters of credit [detached in the circulating ac-tive, by its beneficiary] acquire strength, effectiveness and letter form ty-picalness [by the exporter endorsement and last endorser bank draft po-wer, (the negotiating bank)] for being recognized in its prescripter as ti-tles of credit. In this profile, the considered work objective is to evidence a new position in the scope of sales about documents [supported by credit let-ter], that contemplates the payments, the exchange values ingression by the refund bank and letter form instrumental duties, recently introduced in the native legislation [see articles 529 to 532 of the new Brazilian Civil Code]. In methodological terms, this work was elaborated in three distinct stages, marked out by the research: theoretical, analytical and critical. The theoretical research is concentrated in the doctrinal principles from the Italian and Spanish rights. In the following stage, the analytical research is recognized for its lexicographical content; while the critical research [by the unpretentiousness of its expositor] is dotted so alone at the moments of incidence, descriptive and prescriptive, that are regis-tered in the businesses supported by the credits stand-by. Enunciated for not the existence of causal titles without a contractual antecedent that bases them, in the last phase of this academic activity is made an interesting boarding, of the usual financial instruments, directed to the attendance of Brazilian exporters and importers. In this way, now more distant of the school tramplings, patiently the financial exchanges have been diagnosed (swap) in the market of deriva-tives, as well as forfaiting, factoring, confirming, buyers credit, sup-pliers credit and the financial leasing.

ASSUNTO(S)

swap relações econômicas internacionais forfaiting direito internacional privado confirming comércio internacional crédito documentário cartas de crédito contrato de câmbio créditos stand-by

ACESSO AO ARTIGO

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