O locus de atuação da exceção de contrato não cumprido no ordenamento jurídico brasileiro

Abstract

The present work seeks to describe the locus of performance of the exception of contract in the Brazilian order. To this end, we tried to divide the dissertation as follows: In the first chapter we try to delimit the concept, the structure and the function of the institute that, since the Civil Code of 1916, with wording similar to the current legislation, is in the national legal order. In the second chapter, the objective was to investigate, from the standpoint of constitutional legality, the traditional requirements of the unfulfilled contract exception, namely, (i) the bilateral contract; (ii) good faith; (iii) contractual default; and (iv) the absence of an obligation of prior compliance by the excipient. It is argued that the handling of the case is limited to bilateral contracts in situations where the contracting party defaults a corresponding obligation whose maturity is simultaneous or occurs prior to the date on which the party claiming the exception is liable. (ii) to assess whether the use of the file is limited to situations of non-compliance attributable to one of the parties (rectius) , and (iii) determine whether the successive maturity of the obligations is in fact a hypothesis capable of excluding the objection of the exception by the contractor that must first comply. Finally, in chapter III, the similarities and distinctions of the unfulfilled contract exception with similar institutes are discussed. It sought to delimit, thus, the contrasts and the convergences between the exceptio non adimpleti contractus, the exception of insecurity and the right of retention.