Doctrinal and jurisprudential aspects of factoring in Brazil

Alexandre Ferreira de Assumpção Alves / José Carlos Jordão Pinto Dias

Keywords

Business contracts; Factoring; UNIDROIT Ottawa Convention, 1988; Brazil Business' Code Project; Contractual risks; Random contracts

Abstract

This paper presents aspects of factoring contract in Brazil. For this, a bibliographical and documentary research was done, using the deductive method. Factoring has considerable relevance for business and economy, and the parts of the contract must have full discretion as to the meaning and content of the clauses agreed. In this sense, the article deals with the essential characteristic of this contract in Brazil, that is, the exclusive responsibility of the factor, in case of lack of payment by the debtor. It is also discussed whether factoring is a business contract, as well as the possibility of assignment of credits from sales to consumers, the exclusivity of the contract, and the liability in case of non-payment of credits by the debtor. In addition, the paper deals with UNIDROIT Ottawa Convention of 1988, as well as Portuguese, Argentine and Mexican legislations, for, in the end, treating of the two Brazilian Projects of Business Code, which aims to regulate the matter, in order to observe the influences received by these projects. Finally, conclusions about the study will be presented.