Appearance theory application to the putative creditor

who underpays pays twice?

Abstract

The creation of the civil obligation law was present for a long time, the static figure was very present in Brazil, in such a way the only purpose of the obligation of obligation of the obligation as by the creditor with regard to the debtor. However, currently joint, creation of obligation under a concept based on the premise of obligation as the creditor. In view of this, they are important figures in this context as an expression of the obligation seen as a process, such is the case of the putative creditor. From this, this work intends to investigate a possibility of applying the theory of appearance to cases in which the debtor performs the putative creditor, from a legislative, doctrinal and jurisprudential analysis. It was concluded, at the end of the study, that the Brazilian legal system, when applying the theory of appearance to the putative creditor, allows the instrumentalization of the principles concerning the Civil Code of 2002, in such a way that, to the debtor who makes a good payment, faith that presented itself as a creditor, must deserve the shelter of the system.