With the present dissertation we propose to analyze the retro sale’s legal regime, trying to understand its historic evolution and its mutations along the way. Our main objective will be to understand if the inclusion of a retro clause in a purchase and sell contract can be advantageous to the buyer. In a time when the demand and access to credit are precious tools to those in need, it is also important to understand the position of those who concede it, prospecting which can be their compliance warranty. We approach the theme of the commission pact’s prohibition. The goal is to know if the retro sale’s admissibility goes through its respect. We also refer to martian pact, with the objective of understanding if the retro sale’s admissibility goes through its using. 8 Finally, we try to measure its legal nature and practical use nowadays, establishing a comparison with the figure of the fiduciary alienation.
|Date of Award||8 Sept 2020|
- Universidade Católica Portuguesa
|Supervisor||Isabel Menéres Campos (Supervisor)|
- Retro sale
- Purchase and sale contract
- Commission pact
- Martian pact