A (in)compatibilidade da alienação fiduciária em garantia com a proibição do pacto comissório

Abstract

The current model of our society made it imperative to adopt mechanisms for the protection of the debtor with regard to financial guarantee contracts. In that way, Portugal transposed the Directive nº 2002/47/CE, through the Decree-Law nº 105/2004, which regulates the financial guarantee contracts. This paper focuses on the fiduciary alienation, present in this legal document and analysis of its compatibility with the prohibition of the commission pact present in art. 694º CC. First, we briefly described the admissibility of fiduciary business in our legal system. Subsequently, we studied the prohibition of the commission and the admissibility of the Marciano pact. Lastly, we have examined the compatibility or incompatibility of the fiduciary transfer with the principle underlying the prohibition in Article 694 of the CC, concluding our study for the compatibility of the two figures.

Date of Award	21 Jul 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria João Romão Carreiro Vaz Tomé (Supervisor)