Revista Brasileira de Direito Empresarial (Nov 2016)

The Novation in Judicial Recovery

  • Ana Carolina Cunha Brandão,
  • Tereza Cristina Monteiro Mafra

DOI
https://doi.org/10.26668/IndexLawJournals/2526-0235/2016.v2i1.995
Journal volume & issue
Vol. 2, no. 1
pp. 133 – 151

Abstract

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Through an analysis of novation disciplined by civil law, and an analysis of the novation in judicial recovery, this paper intends to demonstrate, in a logical and coherent way, if the novation previse in Law n°. 11,101 / 2005 is a different kind of traditional novation, considering the one is previse in the Civil Law, an exception or if it was the same institute. To conduct this study was used the exploratory method, and the object has been studied by collecting and doctrine study, scientific articles, case law and laws that portray the subject in question.

Keywords