A Virtualidade dos Títulos de Crédito: uma análise no Direito Comparado

The Virtuality of Credit Securities: an analysis in Comparative Law

Abstract

The present work arises in the face of the evolution of computer technology and its impacts in the environment of business law, more specifically of currency law. It aims to discuss and explore the institute of electronic credit securities, from its evolution and creation, to the way it has been adopted by different legal systems. It aims to provide an analysis of the nuances arising with the evolution of credit securities to the digital landscape and how this has been dealt with in comparative legislation. As specific objectives it aims to address the credit institute, presenting its definition, origin and evolution; provide an analysis about the emergence of electronic securities and how they are treated legally and legally; discuss the jurisdiction of the electronic institute and ways to ensure the security and reliability of electronic documents and, based on previous analyses, proceed to an exploration of how the exchange institute has been treated in comparative law. For the approach was used an exploratory methodology, characterized by the search for familiarity with the subject, in order to better understand the nuances and problems that the institute acquires in its electronic form, in the face of analysis of the legislation in force in comparison with international legislation, as well as articles and doctrinal positions about the topic, so that it is possible the existence of a comparative analysis and dialectic of the approaches to the subject in question. As a result, it turns out that the topic has been the subject of debate not only in the national scene, but also in the comparative law scenario, in which different legislation and systems try to adapt to this new perspective of currency relations, quoted in electronic transactions.