Obrigações alternativas: características e noções fundamentais

• Autor(a) principal: Lacaz, Marina Vessoni Labate
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6778
• topic: Obrigações alternativas; Escolha; Concentração; Alternative obligations; Choose; Concentration; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This paper intents to present in detail the main characteristics of alternative obligations, predicted in Articles 252 and following of Law 10.406, of January 10, 2002. This is a re-study based on current principles of the Civil Code of 2002 and the teaching of the juridical doctrine. The theme shows to be pertinent for not having been the subject of recent studies, because of its apparent simplicity. However, as will be shown, it is a very important matter for provide the parties larger possibilities to due performance with the consequent reduction of risks involved in negotiated/personal relationships. Additionally, it has to be made an interpretation that goes beyond the letter of the law itself, covering also the current relevancy of the secondary and lateral duties in obligational relations. The work will focus on the influence of the current principles of Brazilian civil legislation on alternative obligations, especially in regard to the exercise of the right of choice and in the conservation of objects indicated as being likely to due performance of the installment. For this purpose, initially, it will be made an introduction about the alternative obligations and its treatment in other foreign jurisdictions. In this moment, it also will be presented the secondary and lateral duties of the obligational law and, in particular, of the alternative law. Then, a chapter is devoted to the exercise of the right of choice, most important characteristic of this type of obligation. Then the cases of extinction of one or all obligations will be explored. Finally, it will be presented the differences between the object of this paper and other species of obligations