Abstract

MENEZES, Vitor Hugo Mota de. THE SUBSTANTIAL COMPLIANCE/DEFAULT OF THE CONTRACTS. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.505-524.  Epub June 28, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.29.

The present research aims to analyze the theory of the substantial compliance/default of the contracts and to set out the contours of its application in the Brazilian Law taking into account the new interpretations of Civil Law as a porous normative plexus, which receives the inflows of the Federal Constitution. It also includes considerations on the principles that rule the law of the contracts and the theory in question, including the evolution of the system of judicial precedents in Brazilian law. The default theory avoids termination of a contract for infimum reason, giving more stability to contractual relations and, therefore, more guarantees to the society of a fair trial when the demand is about this subject. Its importance lies in the fact that it ensures the principles of objective good faith and the social function of contracts, organized in a vague manner in the Civil Code of 2002. In practice, the application of the theory is effective and widespread. The methodology consists of jurisprudential, doctrinal, scientific articles and internet researches.

Keywords : Civil Law; Substantial default; Application of Constitutional Principles.

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