Período de graça: o prazo adicional para adimplemento e o direito de resolução extrajudicial em caso de persistência do inadimplemento

Abstract

Since the Brazilian Civil Code is not verbose when regulating breach of contract, great part of the governing rules of the matter, such as the theory of substantial performance, have been developed by legal doctrine and case law. These sources are, therefore, permanently focused at improving the discipline of contract breach. In this context, a remedy stablished by foreign and international law draws attention, that is, what is referred to as a grace period. It consists in creditor granting an additional period to the defaulting obligor, to him to cure his breach, after what, if the period has expired in vain, the creditor is authorized to terminate the contract. The present project studies whether the grace period fits in Brazilian law. Thus, the institute will be presented, as well as its requirements and effects, being the admissibility examined, in these terms, of said remedy in domestic law.