DIREITO DAS OBRIGAÇÕES - Resumo Completo | Conceito, Classificação e Exemplos

Summary

This video offers a concise and informative overview of the law of obligations, a key area of civil law. The speaker, Cíntia Brunelli, explains the basic concepts, such as the roles of creditors and debtors, and the nature of obligations, including those to give, do, or refrain from actions. She highlights various types of obligations like alternative, divisible, and indivisible obligations, as well as the importance of contracts in daily life. The video is designed for beginners and encourages viewers to revisit the material for better understanding.

Takeaways

• 😀 Obligations law is a fundamental part of civil law that governs legal relationships between individuals, particularly the rights and duties of debtors and creditors.
• 😀 An obligation is a legal relationship where one party, the debtor, must perform a duty towards another party, the creditor. Failure to meet this obligation results in a penalty, typically called mora.
• 😀 Obligations can be categorized into different types: giving (to provide something), doing (to perform a service), and not doing (to refrain from a specific action).
• 😀 There are natural obligations that are not enforceable by law, such as tips or gambling debts, but voluntary payment of these obligations is still considered valid.
• 😀 In obligations involving giving, the item to be provided can either be a 'certain' thing (a specific, pre-determined item) or an 'uncertain' thing (like a specific quantity from a set of items).
• 😀 In obligations to do or perform actions, these can either be fungible (performed by a third party) or non-fungible (personal performance required).
• 😀 A non-performance of a negative obligation (to not perform an action) can lead to penalties, such as the demolition of an unauthorized structure or compensation for damages.
• 😀 An alternative obligation allows the debtor to fulfill their duty in multiple ways (e.g., paying with either wheat or coffee), with the debtor choosing the option if there is no agreement between the parties.
• 😀 Divisible obligations can be broken into parts (e.g., a sack of wheat), while indivisible obligations cannot be split (e.g., a horse), even if more than one debtor or creditor is involved.
• 😀 Solidarity in obligations means that multiple creditors or debtors share the same rights or responsibilities. A creditor can demand full payment from any debtor, and the debtor who pays can seek reimbursement from others.
• 😀 Obligations can be transferred through assignment (creditor's rights) or assumption of debt (debtor's obligations), with consent required from all involved parties to effect the transfer.

Q & A

What is the role of the 'Direito das Obrigações' (Law of Obligations) in the context of Civil Law?

The Law of Obligations is a branch of Civil Law that studies the legal relationships established between individuals, where one party's property may be liable for non-fulfillment of an obligation. It governs daily relationships such as contracts, both written and informal, where one party commits to performing an action or providing something to another.

How does the Law of Obligations impact daily life?

The Law of Obligations is fundamental in daily life because it governs all contracts, including informal ones. For example, when purchasing goods like a candy from a bakery, this is an example of a sales contract governed by the Law of Obligations. The law impacts almost every transaction and agreement in society.

What are the key elements that form an obligation under the Law of Obligations?

An obligation involves three key elements: the creditor (the party entitled to the benefit), the debtor (the party who must fulfill the obligation), and the object of the obligation, which can be to give, do, or refrain from doing something. The object must be lawful, possible, and determined or determinable.

What are natural obligations and how do they differ from enforceable obligations?

Natural obligations are those that are not legally enforceable through the court system, meaning they don't have coercibility. Examples include tips and debts from illegal gambling. While these cannot be compelled through legal action, if voluntarily fulfilled, they are still valid.

Can you explain the concept of an obligation to give and its types?

An obligation to give refers to the commitment of the debtor to provide a specific item to the creditor. There are two types: 'certain things' where the item must be specifically identified (e.g., a specific car), and 'uncertain things' where the item is not specific but can be identified by type and quantity (e.g., a sack of wheat chosen from several available sacks).

What distinguishes a fungible obligation to do from a non-fungible (personal) one?

A fungible obligation to do is one where the task can be performed by anyone, meaning the specific person hired is not important. For example, hiring a painter who can send someone else to do the job. A non-fungible (or personal) obligation, on the other hand, requires the specific individual to perform the task, as in the case where the client hires a particular artist for their unique skill.

What is the difference between an obligation to do and an obligation not to do?

An obligation to do involves performing a specific act or service that benefits the creditor, while an obligation not to do involves refraining from a particular action. For instance, a neighbor agreeing not to build a wall that obstructs the view is under an obligation not to do something.

What are alternative obligations, and how do they work in practice?

Alternative obligations allow the debtor to fulfill their obligation in one of several ways. For example, a debtor might settle a debt by giving either a sack of wheat or a sack of coffee. If no decision is made, the debtor can choose how to fulfill the obligation. Partial payments are not allowed in these cases; only full fulfillment of one option is accepted.

What are divisible and indivisible obligations?

Divisible obligations are those that can be split into smaller portions without altering their essence or value, such as a sack of wheat. Indivisible obligations involve something that cannot be divided without losing its purpose or value, such as a single animal like a horse.

What happens when there are multiple creditors or debtors involved in an obligation?

When there are multiple creditors or debtors, the law generally divides the obligation equally among them, as long as the object of the obligation is divisible. However, in the case of solidarity, each creditor or debtor is entitled to the full obligation, meaning they are treated as a single entity in terms of rights or responsibilities.

What is the difference between 'session of credit' and 'assumption of debt'?

The session of credit is when a creditor transfers their rights to another person, making them the new creditor. The assumption of debt, on the other hand, is when a debtor transfers their obligation to another person, but this requires the creditor's explicit consent to be valid.