Da onerosidade excessiva nos contratos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This work deals with the theory of excessive onerousness of contracts provided, nowadays, at article 317 and between articles 478 and 480 of the Civil Code in force. It refers to a rule established in the civil law with the purpose of mitigate the drastic effects caused by the autonomy of will and pacta sunt servanda clauses, which were presented at the former classic model contract. The theory, in issue, arising from the old rebus sic stantibus clause and the theory of non-predictability, has the intent to transform the instrumental contract that has strictly, patrimonial and wealth circulation nature to a mechanism of social cooperation, in this sense, in accordance with the principles of social roel, probity and good-faith of the contracts, set forth in the new contractual regime/law/order. The theory of excessive onerousness of contracts is, therefore, a benefit conceived to the obligee, which is entitled to perform na obligation that became excessively onerous in virtue of unpredictable and improvidence events. This rule is applied to contracts that has a fixed period of time to perform the obligation, in other words, in contracts that has a period of time between the conclusion of the contract and the parties performance, and affords, in conformity with legislation, the opportunity to terminate or revise/renegotiate the contract as accorded by both parties. At last, it deals with a recent issue, at the national legislation level, once this was not dealt in the Brazilian Civil Code of 1916, although, it discloses the slow extinction that the classic contractual paradigm has passed, originating the new contractual order in Obligations Law, and this is, in fact, the field of research, of Civil Law, of the Law Master s Course at the State University of Londrina.

ASSUNTO(S)

obligations law contracts contratos desequilíbrio contratual

ACESSO AO ARTIGO

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