Incumprimento de obrigações contratuais em razão da ausência de insumos

Resumo

In recent years, as a result of several events of global proportions, such as the COVID-19 pandemic, rising inflation worldwide and the Russia-Ukraine War, there has been a significant impact on the production and distribution of inputs necessary for the fulfillment of various contracts, generating shortages and as a result preventing access to them, or, at the very least, significantly increasing the costs of these inputs, leading to numerous breaches of contract, which, as a result, ended up causing various losses to contractors who relied on the adequate performance of the debtor. Considering the increased factual relevance of the topic, this study, focusing on parity contracts, aims to analyze this issue from the perspective of contractual civil liability, in order to verify whether in those cases where there is non-compliance with the main obligation due to the infeasibility of access or significant increase in input costs, the debtor responds or not for non-compliance with the obligation and whether it is possible to characterize it as impossibility of rendering. In addition, an attempt is made to carry out a comparative analysis between types of obligations, such as means, results and guarantees, verifying whether, depending on the type of obligation agreed, there will be reflections on the debtor's liability in the event of non-compliance due to the absence inputs needed for this. The study in question turns to the different configurations of the impossibility of the provision, its characteristics and legal consequences - as in cases of total and supervening objective impossibility due to force majeure, the differences between definitive and temporary impossibility, subjective impossibility, relative objective impossibility of the provision and the theory of unpredictability. Once the general rules and their configurations in the obligatory relationships have been considered, the objective of the work will be to present the contract as an instrument of efficient risk allocation, using aggravation clauses, excluding and limiting civil liability, based on in the economic analysis of the law, identify the contracting party with the best capacity to absorb the risks of the relationship between the parties.

Ficha do documento

Tipo

Dissertação

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36373

Temas

Economia

Palavras-chave

InsumosObrigaçõesImpossibilidade da prestaçãoResponsabilidade civilAlocação de riscoAnálise econômica do direitoInputsObligationsImpossibility of provisionCivil liabilityRisk allocationEconomic analysis of lawDireitoContratosResponsabilidade (Direito)Obrigações (Direito)Direito e economiaImpossibilidade executória