Vício de consentimento da fiança prestada no contrato de locação sob ótica do tribunal de justiça do estado do Rio Grande do Sul

Abstract

The present work deals with the manifestation of the will of the parties in the provision of the warranty established by the guarantee in the lease, based on the study of the bond originated between the contractors, in order to verify at what moment of the relationship can occur some of the species of vice of will capable of tarnishing the entire contract or at least some of the clauses of the lease. The intention is to demonstrate the importance of the provision of the guarantee in the lease, as well as to highlight the main effects that can arise from the finding of an defect of will in this installment, either in relation to the lease as a whole, or only in relation to the provision of guarantee. The present study concluded that it is extremely difficult to prove that there is a lack of consent in the provision of the guarantee, especially in the lease agreement, since the position of the Court of Justice of Rio Grande do Sul is contrary to the claim of the occurrence of the defect of will in the contract signed by the party that provided the guarantee. In many of the cases examined, the injured party was not even aware that the business in which it was engaged contained any flaws, which meant that sufficient evidence was not produced to substantiate its allegations subsequently to the Court, and the guarantor had to bear with the obligations assumed, even if these were due to some defect of will.(sic)