SANTOS, G. S.; http://lattes.cnpq.br/1341938524911407; SANTOS, Gilderlan Silva dos.
Resumo:
This research aims to analyze the nature of legal transactions set out in the form of
assignment of future receivables as well as their guarantee schemes and their impact on the
models set out in §§ 3 and 5 of article. 49 of Law No. 11.101 / 2005, LRE. Considering
historical and evolutionary aspects, jurisprudence and doctrine. As well as the
contemporary social context in which they arose institutes of: Reorganization and his
principiológico framework; and the Fiduciary Assignment credits. Addressing incidents
discussions about the different treatment given to the creditor holding the position of
fiduciary owner of property rights, which would ultimately override such creditors to
positions "privileged" compared to other creditors. And the possibility of piercing the
fiduciary nature of these contracts, and in this context, the deployment of locks Bank calls.