Endossatário

Endossatário is a term used in civil law to describe the person to whom a negotiable instrument has been endorsed. The instrument, such as a promissory note, bill of exchange, or check, is transferred by endorsement, and the endossatário acquires the rights to obtain payment or to transfer the instrument, subject to the instrument’s terms and applicable law. The endossatário stands in the shoes of the prior holder and may enforce the instrument against the maker or drawer, as well as against prior endorsers if payment is not made.

Endorsements may be in blank or specific. A blank endorsement makes the instrument bearer paper, and the holder becomes the endossatário. A specific endorsement names the endossee; that person becomes the endossatário and can further endorse the instrument. The instrument may be endorsed multiple times, creating successive endossatários.

Liability: Endorsers (endossantes) typically remain secondarily liable on the instrument unless the endorsement is expressly made without recourse. The endossatário has the primary right to collect or transfer the instrument but may be subject to defenses or set-offs arising from the issuer or prior holders, depending on jurisdiction.

Etymology and usage: The term is used in Portuguese-speaking jurisdictions such as Portugal and Brazil, and in civil-law contexts. The closest English equivalent is “endorsee” or “the transferee by endorsement.”