The cause in the contracts judicial review by synallagmatic imbalance and jurisprudential analysis in the supply contracts of agricultural product

• Grant number: 14/21760-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: September 01, 2015
• End date: August 31, 2016
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Gustavo Saad Diniz
• Grantee: Gabriel Fernandes Khayat
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The article 317 of the Brazilian Civil Code allows the contracts judicial review by unpredictable reasons that cause the breaking of the contractual objective basis; contractual imbalance; disproportion of provision; breaking of the contract social function; or offense to the objective good-faith. It's possible to see that there is a difficulty to understand the meaning of that article, being necessary to comprehend in a integrative and systematic way all phases of the phenomenon, that requires a present notion of contract, as well as its cause and obligation's cause in the judicial review, that explains the Objective Basis Theory used by the parental Code. In this sense, the objective of this work is presenting a view of the contracts judicial review by contractual imbalance from the totality in which it operates, comprising it organically, through the correct application of the principles in the proposed topic, the function and the role of the contract and obligation causes, as well as the reframing of the contract. The research is going to take by empirical basis the jurisprudential studies of supply contracts of agricultural product, because they are submitted to a number of contingencies, that were appreciated by judicial review in the Superior Tribunal de Justiça from 2004 to 2014, as well as questionnaires to be answered by suppliers and buyers of agricultural produce within the limits of the Ribeirão Preto region, in order to verify the impacts of judgments in the agricultural activity with a view any transaction costs caused by friction between the parties caused by jurisprudence. In addition to this, it'll be done an analysis of national and international jurists' books in the place of contractual and obligational law, making a comment about the results, in view of the principles governing private law order to guarantee the necessary legal certainty. (AU)