A compra e venda a retro com função de crédito e garantia

Abstract

This dissertation addresses the retro sale and purchase whose legal regime is in accordance with articles 927.º and subsequent ones of Civil Code. We aim to do an analysis of this branch, firstly as a general contract and then as a credit and warranty one. Thus, in order to get a better understanding of this scenario, defining the retro sale and purchase contract was considered a key aspect in this work together with the legal regime analysis as it is in the current Civil Code. Opportunely, we will focus on the compatibility between retro sale and purchase and the agreement of forfeiture, addressing every fundament of this agreement and adopting a position regarding this question. Then, we will pronounce about which clauses should not be included in such contracts as it may ultimately result in a usurious contract. Moreover, we will take a close look at the retro clause effects applied to third parties not only when we are dealing with retro sale and purchase contracts associated to movable property not subject to registration, but also when we are dealing with retro sale and purchase contracts associated to movable or not movable property subject to registration. We will also expose an analysis of the fiduciary alienation of collateral regime aiming to compare this regime with retro sale and purchase one. Finally, we will do an analysis of the fiduciary nature of such a contract like the one we are presenting in this dissertation.

Date of Award	31 Jul 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria João Romão Carreiro Vaz Tomé (Supervisor)