Exceção ao princípio da cartularidade na duplicata emitida sob a forma escritural (lei 13.775/2018)

• Autor(a) principal: Arenhart, Lara Lapolli
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5909
• topic: Título de crédito; Duplicata escritural; Cartularidade

OBJECTIVE: To analyze the exception to the application of the principle of cartularity to the duplicate issued in book-entry form in the Brazilian legal system. METHOD: The level is an exploratory research; As for the approach, it is classified as qualitative; in relation to the data collection procedure was used bibliographical and documentary. RESULTS: From the judgment of Special Appeal No. 1024691 of the Rapporteur of the Minister Nancy Andrighi, the question about the execution of the virtual duplicate was pacified. However, there was the need to legislate about this title of credit, since it is being increasingly used by merchants due to the great technological development. Thus, on December 20, 2019, Law 13,775 was promulgated, which, among other purposes, provides for the duplicate in book-entry form, so the procedures related to the issuance and execution of the duplicate were regulated, obtaining a standard procedure. On the principle of cartality, one of the guiding principles of exchange law, the law was silent on its application, once again, at the mercy of doctrinal understandings and jurisprudence about the exception of the principle of cartularity when dealing with virtual duplicate . CONCLUSION: On the basis of jurisprudence and doctrinal understandings, the exception to the principle of double taxation issued in the book-entry form is an exception, since the materialization of this type of title results in another form and the presentation of other documents, consubstantiating the right to credit.