RETENTION OF TITLE CLAUSE ON THE CONTRACT OF PURCHASE AND SALE: REFLECTIONS FOR YOUR UNDERSTANDING AT THE BRAZILIAN ANDRetention of Title Clause • August 4th, 2014
This paper has the purpose to present some reflections for the understanding of the retention of title clause on the sale and purchase agreement. This is justified by the practical importance of the topic, because this accessory clause has a very frequent use in legal transactions, including the sale and purchase on credit. It was not the goal to exhaust the topic, but discussing some essential points for understanding the institute. Although with different terminologies in Brazil and Portugal, the spirit of the rule is the same. Consists on a clause that should expressly establish the transfer of ownership of the object of purchase and sale only with the completion of the payment of agreed price. It's possible to say that is a guarantee agreement of purchase and sale price.
