A natureza jurídica da cessão fiduciária do recebível futuro face a recuperação judicial.

Abstract

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.