Consignação

Consignação is a term used in civil law to refer to two related but distinct procedures: a payment by consignation (consignação em pagamento) and the commercial contract of consignation (consignação mercantil). In general, it denotes the act of delivering or depositing something with a third party or authority to satisfy an obligation, particularly when the creditor is unavailable, refuses to receive the thing, or the thing to be delivered cannot be delivered in the ordinary way. The doctrine and legislation treat consignation as a mechanism to prevent non-performance from becoming a problem for the debtor, while preserving the creditor’s rights.

Consignação em pagamento (payment by consignation) occurs when the debtor, unable to make a normal payment to the creditor, deposits the amount due with a competent court or public entity, under the applicable legal formalities. Once properly made, the obligation is ordinarily considered extinguished, and the debtor is released from the obligation. The creditor must be notified of the deposit; if the creditor cannot be located or refuses to receive the payment, a public notice or similar procedure may be required. If the creditor later proves its claim, it may demand the amount from the deposit or from the debtor, depending on the procedural path chosen. The manifest purpose is to avoid unlawful retention of what is due and to provide a safe mechanism for the debtor to fulfill the obligation.

Consignação mercantil (consignment of goods) is a contract by which the owner (consignor) delivers goods to a merchant (consignee) for sale on the consignor’s behalf. Ownership remains with the consignor until sale, while the consignee acts as an intermediary, usually receiving a commission. Proceeds from sale and the return of unsold goods are governed by the contract, and risk and liability for loss or damage are allocated according to the agreement and applicable law.