The ‘external protection of credit’: applicability and case law
DOI:
https://doi.org/10.18316/redes.v7i3.5813Keywords:
Contracts, Relativity of Effects, Good Faith, External Protection of Credit, Case Law.Abstract
The present work approaches the principle of subjective relativity of the effects of the contract, from its institution by the French Civil Code of 1804 and adoption by the Brazilian Civil Code of 1916, pointing out the significant changes in its interpretation with the advent of the Federal Constitution of 1988, the Code of Consumer Protection and the Civil Code of 2002, which resulted in the construction and consolidation of the theory of external credit protection. In the present work, based on the deductive method, the requirements and the rationale adopted by the Courts for their applicability in Brazil are analyzed, specifically in the hypotheses of violation of the duty that falls on third parties not to interfere in the contractual relations. It seeks to demonstrate the interpretation to be attributed to the hypothesis, from the following problem: is the principle of the subjective relativity of the contracts incompatible with the notion of external guardianship of the credit?
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