Mitigação dos prejuízos no direito contratual

• Autor(a) principal: Montagner, Jéssica Camila
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34447
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Mitigação; Ônus; Boa-fé; Inadimplemento; Mitigation; Encumbrances; Good faith; Non-performance

The present work is devoted to the study of the doctrine of avoidable damage, or duty to mitigate the loss, demonstrating that although the Brazilian land has not expressly provided, the law imposes a conduct to mitigate any damage caused as a result of respondent, either by the debtor is by the creditor. To do this, it is presented a brief analysis of the issue in the light of the rights of countries of common law, as well as in some countries of the Roman tradition-Germanic. Subsequently, will be studied the application of the standard in land in Brazil, with the intention of turning the idea of the performance of the contractual obligation implies the compensation for losses and damages. The individual approach-patrimonial can be replaced by the insertion of the burden of mitigation while the guideline that disciplines the use of social wealth. In other words, based on the general clause of Objective good-faith and seal the abuse of law, it follows that he who was affected by the breach of the obligation of the other party may take reasonable measures to prevent greater damage. Therefore, to apply the rule of mitigation, requires the co-operation between individuals, avoiding the waste of resources economical and socially relevant. Therefore, to apply the rule of mitigation, requires the co-operation between individuals, avoiding the waste of resources economical and socially relevant. The Brazilian law has stimulated the preventability in decisions judicial, however, the reversal of the institute would bring greater certainty to the parties and to the judges. In addition, the contractual obligation is established, in many cases, it would be satisfied, even if by a third, reducing the impact of the effects of the breach between the parties