Post by account_disabled on Mar 13, 2024 3:14:31 GMT -5
Lately, as a result of all the turbulence, on a global scale, resulting from the geometric expansion of the new coronavirus, the most varied questions and concerns have emerged, among them, the consequences generated from the potential non-compliance with clauses and conditions of the most diverse types of contracts. , be it the supply of goods, provision of services, leasing, civil construction, etc.
A very common question is the following: in the face of absolutely unpredictable situations, is there the possibility of excluding the parties' liability for any unilateral breach of the contract? What is the issue regarding contractual good faith?
We must first assess the potential causes of non-compliance, the reasons that triggered the potential non-compliance, that is, what led one or both parties to not honor their obligation(s).
As is well known and widely B2B Lead reported by the print, digital and television media, several measures are being adopted by authorities at all levels, federal, state and municipal, through ministries, secretariats and other bodies, in order to minimize the spread of the virus. in our country, including with the enactment of Law 13,979/2020, ranging from isolation, quarantine, determination of compulsory medical examinations, laboratory tests, epidemiological study or investigation, exhumation, necropsy, cremation and handling of corpses, exceptional restriction and temporary entry and exit from the country, interstate and intercity movement, requisition of goods and services from individuals and legal entities, including the determination of closure of ports, airports and highways, shopping centers, shopping centers, galleries, gyms , social, sports and similar clubs, children's buffets, party houses, nightclubs, dance clubs, bars and similar establishments, as well as churches and temples of any worship and all non-essential activities.
Given this scenario, there will certainly be a need to review commercial and contractual relationships, given the expected financial imbalance that will certainly affect the parties involved in these relationships.
And to analyze this issue, it is essential to situate the discussion under the focus of unforeseeable circumstances and force majeure, as well as the type of contractual relationship being discussed, whether arising from an inter-company or consumer relationship.
In the face of an inter-company relationship, governed by symmetry between the contracting parties and respect for what remains agreed between them, the rule that prevails is that of minimum intervention and exceptional contractual review.
This is the guideline adopted by the Civil Code, with the changes recently promoted by the Economic Freedom Law (Law 13,874/2019), which brings new wording to articles 421 and 421-A, worded as follows.