A desvinculação do sócio face à garantia prestada através de “aval em branco”

Abstract

The utilization of personal guarantees has become indissociable form the concession of external financing, whence the utilization of a personal guarantee, in the form of a promissory note which is issued in blank, in particular without the monetary amount or the due date (the so called "aval em branco") is extremely recurring, which, by its characteristics, is well suited to the many different financing contracts. Thus, with this study, we intend to provide a better understanding of the utilization of the "aval em branco", but also to enable a critical analysis of the partner guarantor's protection, which end up being bound as guarantors for an indefinite amount of time. From here, we will exhibit a possibility that confers a better protection to this guarantor and as such, that allows him to reconsider his interest in staying bound to the "aval em branco".

Date of Award	16 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)