Ensaio sobre as iniquidades da fiança locatícia gratuita

• Main Authors: Maria Celina Bodin de Moraes, Gabriel Schulman
• Format: Article
• Language: English
• Published: Centro Universitário de Valença 2018-12-01
• Series: Revista Interdisciplinar de Direito
• Subjects: Bail tenant contract; gratuitous contract; homestead; constitutionalized Interpretation
• Online Access: http://revistas.faa.edu.br/index.php/FDV/article/view/615/481

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.