Civil liability and agribusiness: a systematic review of the literature on the enforceability of effects within the scope of contractual networks

• Grant number: 23/12668-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: March 01, 2024
• End date: February 28, 2025
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Flavia Trentini
• Grantee: Manoella Rebeca Silva Menegucci
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

With regard to contractual effectiveness, the Brazilian doctrine traditionally adopts the principle of relativity, including for the attribution of damages arising from voluntary default. However, there are situations in which damages are suffered by individuals who are not creditors or debtors of an obligation, as in the case of default of an individual contract within the agribusiness production chain. This research proposal aims to analyze the appropriate categorization of damage and civil liability applicable to the debtor who, by raising the default in his individual contract, causes damage to another member of the production chain.