Post by barikulislam030 on Feb 24, 2024 23:17:41 GMT -8
With the sensitive evolution of Brazilian society, there is no way to separate the contract, something as old as the human being, from everyday reality, resulting in the need to direct pacts towards achieving purposes that meet the interests of the community.
In this sense, in appreciation of the autonomy of will, the contracting parties are free to set the terms they wish to agree on, as long as they do not violate what is determined by the legislator. Such volitional manifestation by the parties is so expensive that its absence is capable of nullifying/annulling, or, in light of Ponte's scale, resulting in the non-existence of the legal transaction, as an essential element for the existence of the legal transaction remains pending.
In this sense, the law of obligations teaches about the need B2B Email List to define, among others, the order for the performance of payments. An example of this can be taken from articles 597 and 491, both of the Civil Code, which serve as guidelines so that, unless otherwise expressed by the parties, (1) the consideration for the provision of the service, if in cash, is made after the its delivery and also define that, (2) since the sale is not on credit, the seller is not obliged to deliver the thing before payment.
Once the order of payments is determined, it becomes impossible to demand a certain payment ahead of time. However, it is essential to remember that rules are not inserted in isolation in a legal system, which therefore makes it possible for relevant changes in the factual circumstances that occur between the conclusion of the contract and its execution, to promote contractual readjustments.
This time, the Brazilian Civil Code brings us institutes such as excessive onerousness, in article 478, early maturity, in article 333, the exception of the unfulfilled contract, in its article 476, early default, resulting from article 477, and the exception of insecurity, provided for in article 477, given that the present study focuses on the institute of the exception of insecurity.
With regard to excessive onerousness, this can occur in contracts with continuous or deferred performance when a certain provision becomes extremely onerous for one of the parties, with an extreme advantage for another, due to extraordinary and unpredictable events. In this case, the debtor party, at its discretion, may request the termination of the agreement.
Regarding early maturity, this, as the name indicates, consists of the maturity of the obligation before the deadline stipulated by law or by the will of the parties in specific hypotheses, namely: (1) bankruptcy of the debtor or competition of creditors; (2) attachment, in execution by another creditor, of mortgaged or pledged assets, when offered as a pledge; (3) cessation or insufficiency of the guarantee, personal or real, of the debt, when, after notifying the debtor, he refuses to reinforce them; and (4) default, when agreed between the parties.
In this sense, in appreciation of the autonomy of will, the contracting parties are free to set the terms they wish to agree on, as long as they do not violate what is determined by the legislator. Such volitional manifestation by the parties is so expensive that its absence is capable of nullifying/annulling, or, in light of Ponte's scale, resulting in the non-existence of the legal transaction, as an essential element for the existence of the legal transaction remains pending.
In this sense, the law of obligations teaches about the need B2B Email List to define, among others, the order for the performance of payments. An example of this can be taken from articles 597 and 491, both of the Civil Code, which serve as guidelines so that, unless otherwise expressed by the parties, (1) the consideration for the provision of the service, if in cash, is made after the its delivery and also define that, (2) since the sale is not on credit, the seller is not obliged to deliver the thing before payment.
Once the order of payments is determined, it becomes impossible to demand a certain payment ahead of time. However, it is essential to remember that rules are not inserted in isolation in a legal system, which therefore makes it possible for relevant changes in the factual circumstances that occur between the conclusion of the contract and its execution, to promote contractual readjustments.
This time, the Brazilian Civil Code brings us institutes such as excessive onerousness, in article 478, early maturity, in article 333, the exception of the unfulfilled contract, in its article 476, early default, resulting from article 477, and the exception of insecurity, provided for in article 477, given that the present study focuses on the institute of the exception of insecurity.
With regard to excessive onerousness, this can occur in contracts with continuous or deferred performance when a certain provision becomes extremely onerous for one of the parties, with an extreme advantage for another, due to extraordinary and unpredictable events. In this case, the debtor party, at its discretion, may request the termination of the agreement.
Regarding early maturity, this, as the name indicates, consists of the maturity of the obligation before the deadline stipulated by law or by the will of the parties in specific hypotheses, namely: (1) bankruptcy of the debtor or competition of creditors; (2) attachment, in execution by another creditor, of mortgaged or pledged assets, when offered as a pledge; (3) cessation or insufficiency of the guarantee, personal or real, of the debt, when, after notifying the debtor, he refuses to reinforce them; and (4) default, when agreed between the parties.