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FIDUCIARY ALIENACAO: EVOLUTION AND CONSECRATION

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 


Due to the increasing need for business and oportunizar purchase durable goods and of greater value, the clause in contracts of sale become common trust therefore facilitate the acquisition of those assets as desired, such as cars, which have not has connotations of luxury, but it is a working instrument and facilitator of the day to day.
Here is a first step in the divestiture trust is the transfer of ownership of movable property of the debtor or the creditor to ensure the fulfillment of an obligation.
Referring to the history, it is noted that ensuring the satisfaction of the creditor has not always been the patrimony of the debtor. In ancient Rome, provided by the Law of XII tables, the creditor had the right to kill the debtor that his debt had not adimplido: "If you do not pay and no one present as guarantor, the debtor is taken by his creditor and tied by the neck and feet in chains with a maximum weight of 15 pounds or less, if you want a creditor. "
Thus, the creditor had Roman law on the body of the debtor that, as a default, its response rates with their freedom and even to life itself.
Over time the understanding has evolved and moved up the burden of debt by not adimplemento for the material wealth of the debtor. Thus, started to give rise to a point marked by economic recovery of human dignity.
However, for the credit was much more convenient to have right to the body of the debtor, because it gave him greater assurance of payment, because the change in understanding has begun to various frauds committed by debtors who try to circumvent its obligations.
Later, in Roman law were the institutes of the "fiducial creditore cum" and "fiducial cum amico." It was
Again the Law of XII Tables has been invoked, giving emphasis to the fact that "if someone committed a thing or sells its presence in the witness what promised, has the force of law."
conventions which the idea was that one of the parties, the Trust, received the other, fiduciante, ownership of property, with the obligation to give you a destination and return it after the goal achieved elected.
Some time later, after the Industrial Revolution, were created instruments guarantees safer than those already known and the mortgage lien. Has been given to the institute known as "trust receipt", an evolution of the fiducial amicu cum. " There, goods are sold as security merely affected by restrictions on their disposal, so that the debtor is prohibited to dispose of it, so that they can effectively meet the default of its obligations, without, however, to oust him as well as security. Not being paid the obligations guaranteed by the divestiture trust, transfer property to the creditor and the trustee.
Structured by the "trust receipt" and through the Law No. 4728 of 14 July 1965, the contract of sale in trust came with the Brazilian national scope to boost the financing of mobile assets, giving the ownership of the property as a guarantee of institution that lends money.
Nevertheless, the Decree No 911 of October 1, 1969, which designated the action of resumption of thing in favor of the owner for the non-payment by the borrower and owner, who sell the thing fiduciaries on security . Was born known as the Action and applied to search and seizure.
With the advent of the Law No. 9514 of 20 November 1997, was set up to sell trust property to something, to give greater breadth to the institution of the trust transfer as well as Law No. 10,931, August 2004, which brought with it important changes in the usual way of handling the disposition of the trust.
Thus was born the Brazilian version of the business trust that took the form of a guarantee in order to protect, with more effectiveness, funding for acquisition of movable property.
Finally, because trust is at the disposal of operation in ensuring that anyone receiving funding for the purchase of movable durable, the lender sells the asset, as security for payment of the debt contracted, it became important in the planning institute of Brazil, is seen that has given the purchasing power of almost every country in the follow social

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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