Dever de renegociar e a cláusula de hardship

The article addresses the duty of the parties to renegotiate a contract when the supervening imbalance of the original legal relationship is verified, duty that has as main legal ground the good faith. It also analyzes, in addition, the consequences that can arise if the contracting party refuses to renegotiate or acts in bad faith, as well as the usefulness of the hardship clause as a negotiating source in order to restore the balance of the contractual relationship.

Authors

Publication Details

Journal
Revista de Direito Empresarial
Published
2024-08-01
DOI
https://doi.org/10.52028/rdemp.v21.i2_art03.rj
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Dever de renegociar e a cláusula de hardship

Sandro Coutinho Schulze, Carolina Maia Miguez
Revista de Direito Empresarial
Brazilian Legal Issues
article

Dever de renegociar e a cláusula de hardship

Sandro Coutinho Schulze, Carolina Maia Miguez
article en

Abstract

The article addresses the duty of the parties to renegotiate a contract when the supervening imbalance of the original legal relationship is verified, duty that has as main legal ground the good faith. It also analyzes, in addition, the consequences that can arise if the contracting party refuses to renegotiate or acts in bad faith, as well as the usefulness of the hardship clause as a negotiating source in order to restore the balance of the contractual relationship.

Revista de Direito EmpresarialVol. 21(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Brazilian Legal Issues
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Dever de renegociar e a cláusula de hardship — Sandro Coutinho Schulze, Carolina Maia Miguez · Revista de Direito Empresarial (2024) | TGRS Research Map | TGRS