Mutuante

Mutuante is a term used in civil law to denote the party that lends money or fungible goods under a loan contract, known in Portuguese as a mutuo. The counterpart is the mutuário, the borrower who receives the loan and is obligated to restore the equivalent amount, usually with interest, within an agreed timeframe. The mutuante can be a natural person or a legal entity, such as a bank or other financial institution.

In a typical mutuo, the mutuante delivers the principal amount or goods that can be substituted by money, and the mutuário agrees to repay the same amount plus interest and any agreed charges. The contract specifies the loan amount, interest rate, repayment schedule, term, and any penalties for late payment. It may also include guarantees or collateral, such as mortgages, pledges, or third‑party guarantees, to secure performance in case of default.

Legal framework and practice vary by jurisdiction but share common features. In many Portuguese‑speaking countries, the mutuo is governed by civil codes that regulate obligations, contract validity, and remedies for breach. Consumer lending often falls under additional protections, disclosure requirements, and sometimes interest rate limits. For commercial loans, terms are typically negotiated between financially capable parties and may involve more complex arrangements, such as securitization or syndicated lending.

Etymology and usage: the term mutante derives from Latin mutuum, reflecting the act of lending fungible goods. In everyday legal drafting, the lender is referred to as the mutuante, while the borrower is the mutuário; in broader legal language, the mutuante is often treated as the creditor.