A insolvência civil como meio de coerção legal nos processos de execução.

Abstract

This monograph deals with the subject "civil insolvency as legal coercion in implementation processes," and is based on the historical development of the institute from the primordia of organized societies to the present day. Based on the scant legislative reference which deals with the subject, it appears by poring study in contemporary doctrine, the institute created in order to lead to satisfaction the insolvent debtor to creditor claims, transmuted throughout human evolution, reaches land Brazilian legal without much expression in the Civil procedure Code 1973 and has its apex with the enactment of Law 11.101 / 05, the Bankruptcy Law, which by analogy starts to resolve issues that the Civil procedure Code did not include and but just forgotten and left aside by law operators, including being excluded by the legislature on the issue of the new Civil procedure Code 2015, under the pretext of waiting specific law editing, and even then, in repealed part Code Buzaid, govern current actions and those that might be proposed. This exclusion ends up providing a legislative gap in expectation of a coming law, bound to the legal safety that like so many others fall within the legal framework and there is perpetuated by the wayside.