Alienação fiduciária: aplicabilidade da teoria do adimplemento substancial nos contratos garantidos em face do Decreto Lei 911 de 1969

Abstract

This is a Course Completion Work that analyzes the applicability of substantial performance in consumption contracts for the purchase and sale of movable assets guaranteed through chattel mortgage. The procedural rite imposed on the Search and Seizure Action by Decree-Law 911 of 1969 is analyzed and it is verified that the injunction's provenance, in practice, implies contractual termination. Applying the substantial default, the creditor's right will be restricted and the contract's termination will be prevented through the execution of the Search and Seizure Action. The peculiarity of consumer contracts and the need for a dialogue between sources for better consumer protection are studied, seeking the most appropriate solution to cases of non-compliance with a small number of installments in the contract. It is concluded that, in consumer contracts signed in the form of fiduciary alienation, when there is a substantial performance of the value of the asset, it will be up to the creditor to use less serious means to avoid the contractual extinction