Learning outcomes of the curricular unit

Acquiring knowledge as regards guarantees of compliance with obligations, guarantees which seem to be essential to obtain credit. Critical reflection upon the regulation of those guarantees and the creation of different guarantees under the principle of private autonomy. One of the principal aims is the development of critical thinking na the understanding of the relevance of such knowledge and considerations to the legal profession.

Syllabus

I-General guarantee: nullity declaration; creditor's sub-rogation to debtor;"impugnação pauliana";attachment of assets. II-Special guarantees. Personal guarantees: stand-by letter of credit;letters of comfort; bail; credit mandate; suretyship; credit insurance; cumulative assumption of debt. Collateral security: consignment of proceeds; liens; mortgage; right of retention; attachment. III-Analysis of typical contracts where property act as a guarantee: sale with a property reserve clause;renting-sale; sale with a right of redemption; leasing; fiduciary transaction as a guarantee; repos. IV- Transfer of credits as a guarantee. VOther special guarantees: placement of lien against rights or bank account; separation between assets; transfer of assets to creditors; financial guarantee agreements. VI-Credit guarantee and private autonomy; covenants.