1. RECEIVABLES CONTRACTS
1.1 Formalities. In order to create an enforceable debt
obligation of the obligor to the seller: (a) is it necessary that
the sales of goods or services are evidenced by a formal
receivables contract; (b) are invoices alone sufficient; and (c)
can a receivable "contract" be deemed to exist as a
result of the behaviour of the parties?
Contracts with a value greater than 10 times the Brazilian
monthly minimum wage (approximately US$220 on 1 March, 2016) must
be undertaken in writing. Although not required, it is advisable
that contracts with a smaller value are also evidenced by a written
agreement to facilitate its judicial enforcement.
In general, invoices alone are not sufficient to create a debt
obligation. However, Brazilian law allows the provider of goods or
services to issue a 'duplicate' of the invoice
(duplicata). The duplicata together with (i) a
receipt issued by the debtor to the effect that a good or service
has been
