The exception of non-performance and its foundations in the new Brazilian Civil Code

• Grant number: 18/00561-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2018
• End date: June 30, 2019
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Bernardo Bissoto Queiroz de Moraes
• Grantee: Luca D Arce Giannotti
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This essay aims to study a specific kind of jural relation in the new Brazilian Civil Code: that created by one of the exceptions of non-performance. The inquiry that this project makes is of a dogmatic kind, based around the foundations, functions and, when possible, how this kind of exception of non-performance relates to other institutes. Beginning with a brief overview of the methods of Jurisprudence, especially those regarding private law, this essay will look to understand the motive behind why the new Civil Code distinguished the two types of exception of non-performance, trying to grasp the differences between both institutes. Lastly, a comparison will be made between the conclusions reached regarding a concept of the specific exception of non-performance and other norms usually associated with this exception, such as the original exception of non-performance and the right to withhold, to understand why the split made by the new Civil Code is a useful one. (AU)