Post by account_disabled on Feb 19, 2024 1:22:05 GMT -5
These remain provided for in article 333 of the CC. Furthermore, so that there is no doubt, it should be noted that, if there is passive solidarity in the debt, it will not be understood as overdue in the face of other solvent debtors. As Tartuce teaches, “the early maturity of the obligation does not achieve passive solidarity ” [2] .
Early Default, in turn, is a construction based on article 477 of the Civil Code and should not be confused with early due date, because this concerns the appropriate time (date) to fulfill the obligation, allowing compliance to be demanded. prior to the due date. The former generates the termination of the bond before the obligation is breached in the face of a strong presumption regarding the breach.
Therefore, the institution of early default will give rise to early termination of the contact in the following cases: express refusal by the debtor to fulfill the obligation; or (2) the debtor's performance remains clear or impossible due to certain acts or facts of the debtor.
As for the exception of the unfulfilled contract, provided Telegram Number Data for in article 476 of the Civil Code, this is applicable to bilateral contracts and defines that no one can demand that a party fulfills its obligation if it first fails to fulfill its own. However, it is important to highlight that, between the refusal to fulfill the obligation by one of the parties and the default by the other party, there must be a certain proportionality. In other words, the default must be substantial, with no exception being admitted in the event of minimal and partial default, as set out in Statement No. 24 of the 1st Civil Law Conference organized by the Federal Justice Council in 2012.
Set out in article 477 of the Civil Code, the exception of insecurity states that, if one of the parties identifies a change in the other party's financial situation, which creates a risk of default, the contractor who must first comply with the performance may suspend it until the other contracting party anticipates the respective performance or offers sufficient guarantee that it will perform the performance at the agreed time.
Pontes de Miranda [4] teaches that the exception of insecurity does not give anyone who invokes it the right to early payment or security, but only to delay in their own payment. Therefore, it is up to the other contracting party to choose whether to perform their performance in advance or grant a guarantee of compliance on their part in order to obtain the performance to which they are entitled.
Therefore, the exception of insecurity consists of a legal guarantee, for the benefit of the creditor, to prevent him from the risk of default. There is, in this way, an anticipation of the risk of possible default by the debtor, guaranteeing the creditor an instrument that allows him to mitigate this risk. Therefore, it does not primarily aim at resolving the contract, such as resolution due to excessive onerousness, but only at ensuring its compliance in the face of the high probability of default. Likewise, it differs from anticipated default, as there is no certainty of default, only its probability, as explained by Fábio Siebeneichler de Andrade and Cecília Alberton Coutinho Silva.
Early Default, in turn, is a construction based on article 477 of the Civil Code and should not be confused with early due date, because this concerns the appropriate time (date) to fulfill the obligation, allowing compliance to be demanded. prior to the due date. The former generates the termination of the bond before the obligation is breached in the face of a strong presumption regarding the breach.
Therefore, the institution of early default will give rise to early termination of the contact in the following cases: express refusal by the debtor to fulfill the obligation; or (2) the debtor's performance remains clear or impossible due to certain acts or facts of the debtor.
As for the exception of the unfulfilled contract, provided Telegram Number Data for in article 476 of the Civil Code, this is applicable to bilateral contracts and defines that no one can demand that a party fulfills its obligation if it first fails to fulfill its own. However, it is important to highlight that, between the refusal to fulfill the obligation by one of the parties and the default by the other party, there must be a certain proportionality. In other words, the default must be substantial, with no exception being admitted in the event of minimal and partial default, as set out in Statement No. 24 of the 1st Civil Law Conference organized by the Federal Justice Council in 2012.
Set out in article 477 of the Civil Code, the exception of insecurity states that, if one of the parties identifies a change in the other party's financial situation, which creates a risk of default, the contractor who must first comply with the performance may suspend it until the other contracting party anticipates the respective performance or offers sufficient guarantee that it will perform the performance at the agreed time.
Pontes de Miranda [4] teaches that the exception of insecurity does not give anyone who invokes it the right to early payment or security, but only to delay in their own payment. Therefore, it is up to the other contracting party to choose whether to perform their performance in advance or grant a guarantee of compliance on their part in order to obtain the performance to which they are entitled.
Therefore, the exception of insecurity consists of a legal guarantee, for the benefit of the creditor, to prevent him from the risk of default. There is, in this way, an anticipation of the risk of possible default by the debtor, guaranteeing the creditor an instrument that allows him to mitigate this risk. Therefore, it does not primarily aim at resolving the contract, such as resolution due to excessive onerousness, but only at ensuring its compliance in the face of the high probability of default. Likewise, it differs from anticipated default, as there is no certainty of default, only its probability, as explained by Fábio Siebeneichler de Andrade and Cecília Alberton Coutinho Silva.