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Contribution to Book
“Bank Lock” in Reorganization Proceedings – Financial Assurance Institutions
Direito Empresarial - CONPEDI/UNINOVE (2014)
  • Claudia Ribeiro Pereira Nunes
Abstract

The purpose of this paper is to analyze the controversial treatment given by the courts to claims secured by movable or immovable property, or credit pledged right as collateral, such as those secured by liens and leases. This institute is called "bank lock" in judicial recoveries. The name comes from the special treatment given to so-called “credits owners," which are typically financial institutions as provided for in Law nº. 11.101, of February 9, 2005 - Article 49, § 3º. The overall goal is to discover what the court’s position is, proving whether or not there is an effective “bank lock." The specific objectives are: (i) to understand the conflicting doctrinal positions, and (ii) to present a jurisprudential overview over the last two years. The research methodology has three approaches: (i) theoretical, (ii) secondary data, and (iii) field, with the survey time frame covering the years 2012 and 2013. The spacial investigators are the MG, MS, PE, RJ, RS, SP Courts and the Superior Court of Justice, for having judged on the topic over the years surveyed.

Keywords
  • Reorganization proceedings,
  • financial institutions,
  • bank locks.
Publication Date
March, 2014
Editor
FUNJAB - Editora José Arthur Boiteux
Publisher
Mara Vidigal Darcanchy
Series
XXII
ISBN
9788578402136
Publisher Statement
The XXII CONPEDI Congress faced with the need to integrate and disseminate research in the work of the Master’s and Doctoral programs, and also considering that it constitutes an important forum for discussing law research in Brazil, the CONPEDI - National Council for Research and Graduate Law in Brazil - enables these discussions, primarily through national meetings and national congresses.
Citation Information
Claudia Ribeiro Pereira Nunes. "“Bank Lock” in Reorganization Proceedings – Financial Assurance Institutions" 1ªFlorianópolisDireito Empresarial - CONPEDI/UNINOVE Vol. EMPRESARIAL (2014)
Available at: http://works.bepress.com/claudia_nunes/11/