DISTRIBUIÇÃO DE RISCOS CONTRATUAIS E A PANDEMIA DE COVID-19
DISTRIBUTION OF CONTRACT RISKS AND THE PANDEMIC OF COVID-19
Author(s): Mariana Fontes da CostaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law
Published by: Universul Juridic
Keywords: Contractual risks allocation; Covid-19; change of circumstances;
Summary/Abstract: Risk allocation is one of the most important tasks of contract law. According to the general rule, the loss lies where it falls, meaning that the debtor bears the risks related to performance and the creditor bears the risks related to use. However, one may question if these rules are still valid and should be applied in contexts of extreme abnormality and intense disruption, such as the Covid-19 pandemic. Legal institutes such as the change of circumstances, collision of rights and duties and the abuse of right may be brought into play to correct distortions in the present reality.
Journal: Universul Juridic
- Issue Year: 2021
- Issue No: supliment
- Page Range: 205-220
- Page Count: 16
- Language: Portuguese
