The application of error in substantia and redhibitory vices in Roman and Brazilian Law

• Grant number: 13/24839-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2014
• End date: January 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Alessandro Hirata
• Grantee: Danieli Rocha Chiuzuli
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

In a contract, much may obstacle the will concerning both its manifestation and its formation process. As to the last aspect, it has for example the vices of agreement, amongst them, we may highlight the error insubstantial. The mistake in substance presumes that a characteristic of the negotiated object wasn´t within the parameters which initially were stipulated. The subject has its will affected, hence without the mistake (which is essential) that particular contract would not have been celebrated, just as the subject wasn't given the ways to allow the identification of the mistake (excused).In this matter, it is questioned how much this context, which induces the individual into making the mistake doesn´t appear likeness to that super occult characteristic of the redhibitory vices. The study in search for solutions to this deadlock proves to be important due to terminological, methodological questions, as well as those of practical nature. In connection with the previous studies in the matter, the objective of this research is to find applicability and differentiation criteria in the Roman Law context and possible contemporary analysis. To achieve such purpose the research would add the specialized national and international studies, concerning fragments of the Digest and specialized jurisprudence.(AU)