As Restrições Constitucionais à Teoria do Inadimplemento Substancial

Authors

  • Everaldo Augusto Cambler PUC SP

Keywords:

Restrictions constitutional, Substantial breach of contract, Contract

Abstract

Inhaled in foreign orders, the theory of the substantial breach of contract, to the side of the theory of the anticipated breach of contract and the positive breaking of the contract, supports the modification of the breach of contract concept, modifying the profile of the resolving remedy in peculiar situations. Specifically in
what it says respect to the theory of the substantial breach of contract, this ahead proclaims the impossibility of adoption of the resolving remedy of the fulfilment of substantial parcel of the contract for the debtor. The theory of the substantial breach of contract must be examined to the light of the native legal system, in special, the current period of training of development of our legal system, of the rules constitutional that must guide the application and the interpretation of the civil law and the too much branches of the right. In the ethical-legal context of our time, we cannot do without the social function of the contract and the property, as expressions of the perennial evolution of the right.

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Published

2010-06-24

How to Cite

Augusto Cambler, E. (2010). As Restrições Constitucionais à Teoria do Inadimplemento Substancial. Journal of the Faculty of Law of the Federal University of Uberlândia, 37. Retrieved from https://seer.ufu.br/index.php/revistafadir/article/view/18474

Issue

Vol. 37 (2009): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License 

 
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