Ensaio sobre as iniquidades da fiança locatícia gratuita
In the current private law scene, crowned by principles such as human dignity and good faith in all of their manifestations, this essay sustains that the gratuitous bail tenant contract has no legitimacy. In current times, the bail tenant contract is similar to a Damocles’ sword, hovering over the b...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Centro Universitário de Valença
2018-12-01
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| Series: | Revista Interdisciplinar de Direito |
| Subjects: | |
| Online Access: | http://revistas.faa.edu.br/index.php/FDV/article/view/615/481 |
| Summary: | In the current private law scene, crowned by principles such as human dignity and good faith in all of their manifestations, this essay sustains that the gratuitous bail tenant contract has no legitimacy. In current times, the bail tenant contract is similar to a Damocles’ sword, hovering over the bailer’s head, who displays a fundamentally naïve and inexperienced behavior when he offers his personal patrimony, including his homestead, in guarantee of someone else’s debt, with no benefits for himself, in the name of friendship, generosity or both. Notwithstanding, the bailer is handled by the legal system with much more rigor than the debtor is, what contradicts the very core of the gratuitous bail contract. |
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| ISSN: | 1518-8167 1518-8167 |