The legal nature of the Civil Court Transaction: The effectiveness of the social principles of the contract
Year: 2024
Type: conference-paper
Abstract: This research has two focuses: firstly, given a conceptual gap and lack of doctrine on the subject, to identify the legal nature of judicial transactions; secondly, it aims to determine the normative status that Brazilian law attributes to judicial transactions and how contractual principles (especially the social function of the contract and material equivalence) and the rebus sic stantibus review theory added to the requirement of excessive burden adopted by the Civil Code affect transactions approved in civil court.
Institution: Universidade Federal do Espírito Santo
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4404187147