Juridicidade do cheque pós-datado.

Abstract

This work has as study object the legal legality of the after-dated check and consequence? of the apposition of future date for the presentation of such heading. The use wide spread out of the after-dated check inside of the enterprise and consumption relations, not the specific legal regulation of this check modality and the urgency for such regulation, had been the main factors for the choice of the subject. The methods empiricist-pragmatic and description-legal had been the used ones in the research of this work; the first one, determining in such a way the comment of referring of the facts happening to the use of the after-dated check, how much to the practical purpose of the study; as, it was used to in general detach the evolution of the headings of credit, the check and current use after-dated check. The used sources of research had been: the law, the national doctrine (practically inexistent in relation to the specific subject of the work), articles published in the Internet and the jurisprudence. For one better understanding of the focus of the work, this was divided in three parts: the first one taking care of the general theory of the credit headings, where the concept, the legal nature, classification and the informative principles of such documents had been displayed; second, the check is mentioned to it, presenting itself: the description, the concept, the legal nature, the formal requirements for its validity (as credit heading), species, Justinian codes corresponding (endorsement, endorsement), interruption, action due to payment and lapsing; e, finally, the third part, that was dedicated to the main object of the study: the after-dated check, presenting its concept, the treatment that are excused to the light of the effective Brazilian Legal system and its legal nature and the jurisprudence. In this part the after-dating was given to special attention, appraised as a contract, whose object it is an obligation not-to make (incident on the moment of the presentation) with resolutive term, being this, the dale stipulated for the presentation of the heading; identifying, destarte, its legal nature, the decurrent effect of the apposition of future date for presentation of the check, mainly as for the lapsing, as well as, how much to the decurrent effect of the previous presentation of the heading, determining the existence of the responsibility for pain and suffering and material decurrent of this, individualized it and determining its extension when of the repairing of such damages. The objective biggest of the work will be auxiliary the legal understanding of the after-dated check, demonstrating to its legality and the necessity of the implementation of specific regulation of this headings, with ends to provide legal security to the thousands of users of such credit instrument.