Electronic Credit Bonds and their (In)Compatibility With Legal Exchange Principles: Towards Paradigm Changes With Regard to Electronic Documents

• Autor(a) principal: Ricci, Henrique Cavalheiro
• Data de Publicação: 2012
• Outros Autores: Freitas, Cinthia Obladen de Almendra
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/2456
• topic: Credit bonds; Principles of exchange law; Electronic documents; Paradigm; Títulos de Crédito; Princípios do Direito Cambial; Documentos Eletrônicos; Paradigma

Credit bonds originated in the Middle Ages. Although the institution underwent great transformation, legal exchange basis are still foregrounded on the laws and doctrines of the first decades of the last century. Current article discusses the compatibility between the principle of legal exchange and electronic documents which gradually are being introduced in business transactions. Does social evolution suggest a break from such a traditional manner in dealing with a centenarian commercial tool for the circulation of riches? So that such compatibility may be tested, an institute of credit bonds was conceived and its most relevant principles (charter, nominality and autonomy of exchange obligations), coupled to the most employed credit bonds, as its own credit bonds (bill of exchange, promissory note, checks and bills), were analyzed. Electronic documents, digital signature, principles on what is original and a copy of electronic documents were defined. The principles of Exchange law, traditionally related to the materialization of paper bonds and bills and electronic documents were compared. A change in the paradigms of approach to credit bills has been found necessary.