A responsabilidade civil do terceiro cúmplice pela lesão ao crédito alheio

Abstract

The present dissertation aims to establish precise fundaments and criteria for the legal liability of a third party accomplice in damages to someone else s credit rights. The wide development of obligational bonds in legal commerce has demanded, from jurists, the acknowledgement of situations where an obligation is not met due to a conduct perpetrated by a third party, who did not participate in the obligational agreement. The notable infiltration of constitutional principles in subjective legal situations, as well as the normative consecration of the principles of the social function of the contract and of good faith, have greatly contributed to a newly invigorated analysis of the pathological moment of obligations. That, in turn, has allowed legal liability for a violation of credit to be attributed to a third party who commits such an act against the contractual relation from which that credit originates. The configuration of tortious interference emanates from the need of a rule that establishes a general duty to respect others credit, which violation ensues liability of the third party for damages committed. The essential goal of this work is to identify the fundaments that subsidize the existence of that duty, as well as to pursue concrete criteria for the determination of hypotheses when the observance of that duty is required. It is up to the juridical system to actively safeguard the interests of the creditor, which shall be reputed as deserving of protection according to the specificities of the situation. That is, it will be determined in the case whether or not the creditor s interests should prevail over those of the third party. As the study concerns legal liability, a methodological itinerary will be observed, with the intention of identifying the fundaments of the duty which violation ensues the liability of the third party; analyzing the generic premises of legal liability, in accordance with the specificities that the hypothesis of inducing breach of contract brings about, as well as examining criteria that allude to the exceptional circumstances which govern this subject; and revealing the consequences and effects that may be suffered by the obligational bond, as a result of the subjective extension of reparatory duty stemming from the non-payment of the obligation.