Construindo um dever de renegociar no Direito brasileiro
Anderson Schreiber
Revista Interdisciplinar de Direito · 2018
doi:10.24859/fdv.2018.1.001 (opens in a new tab)
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Abstract
This article examines the issue of the duty to renegotiate the contract, investigating its applicability, its legal basis and the consequences of its recognition in a scenario of contractual unbalance in contemporary Brazilian law. The behavior of the contracting parties in the context of contractual unbalance is analyzed, highlighting the absence of regulation of the subject by the Brazilian legislator. Thereafter, the foreign legal experience is examined to formulate the features of the duty to renegotiate in the Brazilian legal system.
Abstract licence: CC BY-NC
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