THE SPOUSAL GRANT IN OBLIGATIONS BACKED BY CREDIT SECURITIES SECURED BY A GUARANTEE

Abstract

The purpose of this article is to study the guarantee and the requirement of a spousal grant for its validity in credit instruments, based on the verification of its institutes and general aspects, with the social purpose of protecting the spouse's share in relation to common property, in view of the limitation provided for in Law No. 10,406,  of 10 January 2002. It was important to analyze the normative treatment that, based on the principle of specialty, verifies the application of the guarantee institute regarding named and unnamed credit securities, in view of the restriction of the civil law to apply its article 1,647 only to the securities governed by the Civil Code itself. Using a legal approach based on dogmas and methods, together with the interpretation of norms, review of bibliographic sources and analysis of judicial decisions, the theme in question was delimited through the identification of positions favorable to the relativization of the norm in the current legal system, in cases of non-judicial supply. The judgments and the manifestations of the doctrinaires confirmed the autonomy and liquidity of the credit securities, notably, because they are autonomous and liquid, as long as they are nominative and based on a special order, therefore, confirming the legal certainty in the business operations based on the formal characteristics of the securities, autonomy and abstraction.