Teoria do adimplemento substancial: a fronteira entre o limite do credor de resolver o contrato e o ônus excessivo na extinção da relação contratual

Abstract

This article explains the possibility of applying the Doctrine of Substantial Performance as an alternative to avoid a claim of breach of contract, delimiting which types of default that allow the breach of the legal transaction, a limit that must not be broken, under penalty of excessive burden. For this reason, the general objective will be to analyze how the limitation to the creditor's right to contractual termination is configured, under the terms of the Civil Code of 2002, in view of the application of the substantial performance. The methodology used was a literature review and document analysis. So in analise to jurisprudence and doctrine, the function of substantial performance became evident as a mechanism to avoid excesses in the exercise of the prerogative of the creditor to claim breach of contract, limiting the resolution to essential default.