Resolução ou revisão contratual por onerosidade excessiva no ordenamento jurídico brasileiro

Abstract

This paper aims to analyze the contractual extinction and the contractual review caused by excessive onerousness in the brazilian law, identifying the hipotesis that allow the contractual modification or its extinction, when posterior circunstances trigger off excessive onerousness to one contractor. The text was divided in three chapters and elaborated through theoric research developed with bibliographic review of doctrine, legislation, jurisprudence and scientific articles. In the first chapter, the general contractual theory was studyied to comprehend the theme. In the second chapter, the rebus sic stantibus clause and the theory of unpredictability analysis was done to understand in which contracts they take place. The Covid-19 pandemic was mentioned, it was considered unpredictable to the economy and the society, activing the excessive onerousness theme, aiming the constractual balance. In the third chapter, the contractual extinction and the contractual review caused by excessive onerousness were analysed in the Consumer Defense Code and in the Civil Code, with a special analysis of the Covid-19 pandemic in contracts. Finally, the analysis of concrete cases solved by the Brazilian Courts took place. Therefore, through aplication of contractual rules and principles was possible to identify which hipotesis allow the contractual modification or its exticion, when posterior circunstances trigger offexcessive onerousness to one contractor, each case must be minutely analysed. [resumo fornecido pelo autor]