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
- Sandro Coutinho Schulze
- Carolina Maia Miguez
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