The Superior Court of Justice (STJ) recently decided that the spouse’s authorization is not necessary for the validity of an aval (a guarantee) given as security for credit.
In the case analyzed, the appellant sought to judicially annul the aval provided by her husband on credit instruments. The court of the state of Minas Gerais partially accepted the request and declared the nullity of the avals only in relation to the wife.
Still dissatisfied, the appellant appealed to the STJ and requested the full nullity of the aval provided by her husband, since there had been no expression of her consent to the transaction.
The reporting justice, Justice Paulo de Tarso Sanseverino, explained that maintaining the subjection of the validity of the aval to the spouse’s consent would compromise the capacity for circulation guaranteed to credit instruments and would affect their acceptance in the market.
For this reason, the woman’s request was denied.
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