Tutela diante da provável violação a interesses em âmbito negocial: a figura da ameaça ao adimplemento das obrigações contratuais e suas consequências

Abstract

This thesis focuses on the study of the threat to the performance of contractual obligations. To this end, it initially investigates the reasons for protection against threats identified within the contractual sphere, from a perspective oriented towards the constitutional projection of protection against threats to interests, the preventive concern within the contractual domain and the preservation of the contractual program as the logic of the system. Subsequently, the research is directed at the contours of the concept, examining the aspects that comprise its formulation, as well as evaluating its integration into the legal system, in order to identify its technically unique features, which may even distinguish it from related concepts. Finally, the work analyzes the repercussions of a threat to the performance of contractual obligations, addressing the available instruments to protect the position of the contracting parties in this situation and the system for controlling actions already taken or intended to be taken, as a reflection of the very conformation of private autonomy to the highest values of the legal order.