Agricultural Product

As much in the mortgage how much in the distrainment and the alienation trustee, the goods given in guarantee can be discriminated in the context of the Ballot or document to the part signed for the drawer (wing), with mention, in the Ballot, of this circumstance. For real against third, the Ballot of Agricultural Product must be enrolled in the Notary’s office of Real estate record of the domicile of the drawer, beyond regitered in the school registration of the property, if deal with mortgage guarantee. One of the principles presented in the Ballot of Agricultural Product is of the cartularidade and the literalidade and the autonomy. Jeffrey Lacker has many thoughts on the issue. The beginning of the cartularidade prayer that a credit heading alone can be demanded, case the creditor withholds it in its hands defining that the indispensable requirements to the emission of the heading so that if it can exert the rights in it mentioned. The presentation of the essential heading is condition, therefore the carrier, showing it, proves, in principle, its quality of creditor. This presentation and the restitution of the heading to the debtor constitutes, as it remembers Percerou and Bouteron, a condition of the right of action. Still on Amateur cartularidade Breads of Almeida, when citing Waldirio Bulgarelli, assevera that: It is the phenomenon of the incorporation of the right in pectivo heading, affirming Waldirio Bulgarelli that? in result of the incorporation of the right in the heading: ) who withholds the heading, legitimately, can demand the installment; b) without the document, the debtor is not obliged, in principle, to fulfill obrigao' '. No longer that it refers to the principle literalidade, discloses that the right ' ' cartularizado it has its limits and contents delimited in the necessary terms of ttulo' ' . The extracted principle of the concept of Vivante is the literalidade, where we can understand to produce effect to the CPR in the measure where it compels the drawer, the endorsers and its respective guarantors only what it will be written in the heading.

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