A POSITIVE BREACH OF THE SUPPORTED DECISION-MAKING: SUPPORTERS AS PENITUS EXTRANEI AND ITS CIVIL LIABILITY TO THE SUPPORTED AND THIRD PARTIES

• Autor(a) principal: Silvestre, Gilberto Fachetti
• Data de Publicação: 2022
• Outros Autores: Rodrigues, Guilherme Santos Neves Abelha, Calil, Igor Gava Mareto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/8379

This is research aimed at analyzing the supporters’ civil liability in the decision-making supported. It is intended to analyze what will be and what will be the contours of the supporters’ civil liability for damages resulting from their conduct. There will also be a possible possibility, whether or not, of objectively and jointly responding to the damage caused by the person being supported, as is the case with the curator or guardian. An analysis of the civil liability regime of the Italian amministratore di sostegno was carried out to identify and resolve possible similar problems with supported decision making. After a bibliographic review designed to answer the question whether, by analogy, the rules of civil liability of the guardian (art. 1,752) and the curator (art. 1,781) apply to the supported decision makers, this research concluded that the the negotiating nature of supported decision making makes such an analogy not possible. Being a contract, a propositional thesis was elaborated to innovate on the matter defending the possibility of applying the theory of positive breach of the contract between supporters and supported.