Contratos eletrônicos e a via executiva: uma análise da exigência das testemunhas prevista no art. 784, III do Código de Processo Civil

• Autor(a) principal: Zacca, Ágatha
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15764
• topic: Contratos eletrônicos; Título executivo extrajudicial; Manifestação da vontade

It is through human relations that business relations emerge, being formalized through contracts that aim to establish rights and duties between contractors. Thus, taking into consideration the moment we are living and the constant technological evolution, the increased usage of electronic contracts has been noted. The virtual platform, in fact, brings several advantages, as its speed and ease are well recognized. However, in order to be considered extrajudicial executive titles, the Civil Procedural Code, on art. 784, III, requires the signature of two witnesses on the private document. It evocates that the referred apparatus is expressed to make the referred requirement, therefore, presenting a closed list. Nevertheless, this essay aims to show, through the doctrine and the understanding of the homeland jurisprudence, in case of means to manifest the will of both parts other than witnesses, the recognition of executability of contracts firmed electronically is possible, making the presence of witnesses unnecessary on the private document. With these parameters, the present essay will approach the reality of electronic contracts and how they qualify as extrajudicial executive titles, especially concerning the demand of two witnesses, described on art. 784, III of the Civil Procedure Code.