Regina Coeli Soares Oliveira Veloso
Universidade do Estado do Rio Grande do Norte (UERN), Brazil
Nathalie Gurgel Vieira
Centro Universitário Estácio de Ribeirão Preto, Brazil
2018
pp. 14-26
Abstract : This article deals with relevant legal aspects of the harm mitigation doctrine, focusing on the benefits of its application, demonstrating its importance and collaboration, taking into account the scenario of the country’s law, where a balance is sought in civil relations as a whole, but especially in contractual relations that have received a re-reading of their institutes, with the insertion of a new range of principles in the Civil Code. Among the points discussed, we highlight the moment of the breach of contract due to default with the performance of the “duty to mitigate loss”, the way it has been applied in other countries and a Brazilian jurisprudential analysis on the subject.
Keywords : Brazilian Law, Contract Law, Contractual Relationships, Civil Code, Duty to mitigate loss.
Ms. Regina Coeli Soares Oliveira Veloso is a Brazilian Law student at Universidade do Estado do Rio Grande do Norte, Mossoro, Brazil. The author can be contacted at reginacsoaresoliveira@gmail.com.
Ms. Nathalie Gurgel Vieira is a Brazilian Lawyer. She is currently acquiring specialization in the field of civil and procedural civil law at Centro Universitário Estácio de Ribeirão Preto, Brazil. The author can be contacted at nathaliegurgel.adv@gmail.com.
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This article has been submitted in response to our first call for papers on “Law in Brazil.”