A novação na recuperação judicial: uma análise sobre a aplicação do instituto de direito civil ao direito falimentar

Abstract

This course conclusion work proposes an analysis of the novation procedure and its respective characteristics, provided for in Law no. 11.101/2005, which regulates the judicial, extrajudicial recovery and bankruptcy of the entrepreneur and the business company, in contrast to the rules and specificities contained in the novation brought by the Civil Code. Initially, the historical origin and development of insolvency legislation in Brazil will be addressed. Next, it becomes essential to understand the stages and main elements contained in the judicial recovery process. Subsequently, the notion of the institute of novation governed by the Civil Code will be presented, along with its particularities, in order to enable greater understanding of the standard, followed by a comparison in relation to recovery novation, governed by Law no. 11.101/2005, with the aim of discussing the nature of the institute originally of Civil Law when applied to the scope of Brazilian Insolvency Law. Finally, responding to the question raised about the nature of the object of study of the present work, the idea was defended that recovery novation is a type of suis generis novation, given the presence of elements that differ substantially from novation civil, especially in spite of the objectives and effects it generates in the obligations in which it intends to apply it.