Estudo teórico-dogmático da revisão contratual a partir das teorias do equilíbrio

Abstract

Revisão contratualThis paper explores the dichotomy between contract revision and termination from the perspective of the theories of contractual balance and its consequences for contract law. The subject has not been thoroughly addressed by the 2002 Civil Code, which only timidly mentions the possibility of contract revision to the detriment of termination, an approach that contrasts to the principles of social function and solidarity upheld not only in that code but also in the 1988 Federal Constitution. Thus, through a historical overview of the principles of contracts and the main theories of contractual balance, this study seeks to provide a joint interpretation of Articles 317 and 478 of the Civil Code, aiming to explore the legislative antinomy regarding the requirements that authorize contract termination due to excessive burden, as well as to investigate the implicit orientation of civil legislation toward favoring contract revision over termination. In this context, the study aims to verify whether, based on contractual principles and current legislation, it is possible to prioritize contract revision as a means of preserving legal relationships to ensure the fulfillment of civil obligations drawing on the theoretical frameworks of the doctrines of unpredictability, excessive burden, and frustration of purpose. The text employs bibliographic research using a descriptive and exploratory method, with an emphasis on descriptive-interpretative analysis of legal doctrine and legislation. It concludes that contract revision, as it reinforces the principle of solidaristic private autonomy, should prevail, whenever possible, over contract termination, especially in cases of supervening and unforeseeable circumstances, thereby realizing the paradigm of solidarity befitting a Democratic Rule of Law.