Teoria do adimplemento substancial nos contratos de alienação fiduciária

Abstract

The present work deals with the substantial due performance in the contracts of fiduciary alienation. Initially, it was demonstrated the understanding of the initial notions of civil law, presenting the Civil Code of 2002, as well as its pillars of the Civil Code, being: The Eticity, sociality and operability. In addition, a study on constitutional civil law is elaborated. In addition, a brief study on constitutional principles and guarantees was presented. Subsequently, a study on the general theory of obligations was elaborated, establishing its concept, elements, sources and classification. Finally, an analysis was carried out on the substantial due performance, where the modalities of default were addressed. And, to finalize the work, it was specifically dealt with on the fiduciary alienation, as well as the current understanding of the Superior Court of Justice with regard to this issue.