Prefácio à Primeira Edição
Autor | Glauber Moreno Talavera |
Ocupação do Autor | Executivo corporativo em São Paulo; Doutor e Mestre em Direito Civil pela PUC-SP |
Páginas | 7-8 |
Page 7
Glauber Moreno Talavera, jovem estudioso do direito, com algumas obras jurídicas de relevo já editadas, brinda-nos com a publicação originária de doutorado a “Natureza Jurídica da Comissão de Permanência”, defendida com zelo perante banca examinadora da mais alta qualidade. O tema é controverso, instigante e vale pelas reflexões que prova.
Após, na primeira parte, situar o instituto dos juros no desenvolvimento da civilização humana, o autor procura demons-trar que, no ordenamento jurídico brasileiro, a comissão de permanência teria a natureza de juros compensatórios e representa o quanto devido pelo mutuário inadimplente a título de efetivo ressarcimento a que o mutuante teria direito pelas perdas e danos experimentados, porquanto com o inadimplemento, a instituição mutuante teria que recorrer ao mercado financeiro em condições adversas para captar um novo lastro para operações passivas vinculadas à operação de tomada de recurso na qual se verificou o inadimplemento, além de ter que suportar com o ônus da prorrogação unilateral do contrato bancário pelo inadimplente que lhe impõe a manutenção em carteira de um título vencido e não liquidado na data convencionada caracterizando, assim...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Aspectos jurídicos controversos dos juros e da comissão de permanência
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- Prefácio à Segunda Edição
- Prefácio à Primeira Edição
- Apresentação
- Nota do Autor
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