Os Títulos Causais no Direito Brasileiro

Abstract

This research comes from academic activities, done this year of 2008, at the Federal University of Uberlândia.
With the connotation of causal security bonds, besides the essential elements, {attributed to Cesare Vivante}: meaning literally, a negotiable instrument and autonomy, and the non essential ones: acceptance, collateral signature and endorsement, now said as interna corporis, trivial to this work, as a temporal boundary towards its liability, we are now talking about the essential elements named externa corporis {attributed to Francesco Carnelutti}: liquidity, certainty and liability, and same way the externa corporis, the non essential elements are also identified (collateral guaranty). Through this new approach, the causal security bonds are made of corpus and animus. The corpus is the negotiable instrument but the animus is only conceived
through its external elements which introduce eventual effects from causality. Therefor security bonds without animus are equivalent to a human being without soul (without financial support). The externa corporis, collateral guaranty, described as new vestments of the credit both are specified, one as real security and the other as personal security. It should be remembered that among real security we have the pawn and mortgage (estate the debtor offers) and attachment (the right the creditor has against the debtor
in a legal action). In a new situation, regarding the logical premises of personal securities it should be mention the guaranty without preferences (debtor ownership estate) and the personal security (linked to third party ownership).