Aspects of No Endorsement of Annulment Provided Without Granting the Union Stable

Abstract

Given the importance of the endorsement in corporate economic activities, the study has the scope to analysis of change brought about by the Civil Code of 2002, which caused expressed spousal authorization requirement to validate guarantee provided by the other, except for cases of separation regime total assets. Innovation led an intense doctrinal discussion, given that the norm has brought significant changes to the guarantor and institute such a levy was not provided for in the Civil Code of 1916. It is a critical analysis of art. 1647, III of the Civil Code on the context of the general theory of debt securities and its principles, calling for the dynamism and simplicity of credit flowing. Clarify to the approval of the consequences provided without granting the marriage scope and stable, as well as the applicability or inapplicability of such a charge against the securities. The study underpins that, besides being unnecessary to grant the guarantee provided by the cohabitant in a stable relationship, even if it were necessary, would not occur invalidity of endorsement (as stipulated by the Civil Code of 2002), but the ineffectiveness have no effect before one who did not attend the act.

Keywords

• Aval. garantia
• Títulos de crédito
• Outorga conjugal
• Invalidade
• Ineficácia