Author(s) Rosa Maria e Sousa Pires Rafael
Advisor(s) Américo Fernando Gravato Morais
Year 2011

Synopsis The present investigation about the different applicable regimes to the termination of the contract of opening bank credit, aims at providing an insight and clarification on the rights and obligations of the counterparts involved in the realization of a contract of opening bank credit, as well as the adversities and main effects resulting from the termination of this type of contracts. Contracts of opening bank credit are highly relevant both at a commercial and banking levels, and are considered an important source of credit by banks to companies. However, this aspect remains to be proven significant in motivating Portuguese legislators to regulate these contracts. One’s financial capital is increasingly scarce and the dependence on bank supplied credit is propagating. Therefore, there appears to be an urgent necessity in regulating the appeal for bank credit, especially, the contract of opening of back credit, as well as some of the behaviors that some bank operators assume to engage in, with an aim at endangering the weakest party involved. The cases where the termination of the contract of opening of bank credit is not regulated by the parties involved, are rare. However, it remains uncertain if this regulation is effectively performed and in a manner that ensures the rights of both parties in the contract. In order to make a contribution to better explain the issue, we conducted a characterization of each judicial institute institution that can be adapted to the particularities of the contract for opening of bank credit, especially to their forms of termination. He was given a special focus on the figures of the withdrawal by mutual agreement, the expiry of the opposition to oppose the extension and renovation of the complaint and, finally, resolution, and also to effects arising from your check for both parties.

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