Aula Classificação básica das obrigações Parte 1

Summary

This video lesson explores key legal principles related to obligations in contract law, particularly focusing on the obligation to give a specific or uncertain thing. The professor discusses scenarios involving the deterioration of goods (such as an animal) due to either the seller's negligence or unavoidable circumstances, explaining the buyer’s rights to seek compensation or adjust the transaction. Additionally, the distinction between obligations for specific goods and uncertain goods is highlighted, helping viewers understand the nuances of contract law and the rights of both buyers and sellers.

Takeaways

• 😀 The creditor has the right to ask for compensation if the object they receive is damaged due to the seller's fault.
• 😀 If the seller is not at fault, the buyer can either accept the damaged object or ask for a price reduction based on the deterioration.
• 😀 If the deterioration of an object is caused by the seller's fault (e.g., giving spoiled feed to an animal), the buyer can demand the return of the price paid or accept the object in its deteriorated state while claiming compensation for damages.
• 😀 In cases where the object is not specified or individualized, it is referred to as a *coisa incerta* (generic thing), unlike a *coisa certa* (specific thing), which is clearly defined.
• 😀 A *coisa certa* refers to something that is individually identified, such as a specific piece of property with a clear description (e.g., an apartment with a registration number).
• 😀 A *coisa incerta* is a more generic obligation where the object is not defined in detail, only by type or quantity (e.g., a certain amount of grain).
• 😀 In both cases of specific and generic objects, if there is seller fault, the buyer can claim for losses and damages (perdas e danos).
• 😀 The responsibility of the debtor (seller) can change depending on whether the damage is due to their fault or if it occurs naturally or accidentally.
• 😀 The buyer has the option to either reject the deteriorated product or accept it and claim compensation for the loss in value.
• 😀 The script stresses understanding not just for memorization, but for practical application, especially in legal terms related to the obligation to give specific versus generic things.

Q & A

What is the main focus of the script?

The script primarily focuses on the concept of obligations related to giving a certain or uncertain thing, particularly in situations where the item involved deteriorates or changes in value, and the rights of the buyer or seller in such cases.

What does 'obligation to give a certain thing' mean?

An 'obligation to give a certain thing' refers to an obligation where the item is specific, determined, and individualized. For example, a property purchase where the specific details of the property are mentioned in the deed.

How does the deterioration of the item affect the obligations in the script?

If the item deteriorates, the buyer may either ask for a refund of the price paid or accept the item in its current state, with the right to claim damages depending on whether the deterioration was caused by the seller's fault.

What happens if the deterioration of the item is caused by the seller’s fault?

If the seller is at fault, such as providing bad food for an animal, the buyer can either request the equivalent value of the item or accept the deteriorated item while still claiming damages for the loss.

What is the role of 'loss and damage' (Perdas e Danos) in this context?

Loss and damage (Perdas e Danos) refer to the compensation the buyer can claim if the item deteriorates due to the seller’s fault, covering the loss of value or harm caused by the seller’s actions.

What distinguishes an 'uncertain thing' from a 'certain thing' in this context?

An uncertain thing is not specifically determined or individual; it is described by its type or quantity. For example, a seller might offer a quantity of livestock without specifying individual animals, which is different from offering a specific, individual animal.

Why is it important to understand the difference between certain and uncertain things in obligations?

Understanding the difference is important because the legal rights and responsibilities regarding compensation, refund, or damages can vary depending on whether the obligation involves a certain or uncertain thing.

What could happen if a buyer receives an item in worse condition than expected, but the deterioration is not the seller’s fault?

If the deterioration is not the seller’s fault, the buyer may still have the right to accept the item in its current state, but they are generally not entitled to compensation unless there was an agreement for damages or specific terms in the contract.

How does the lesson differentiate between obligations involving specific versus generic items?

The lesson explains that obligations involving specific items (certain things) are more straightforward and defined, whereas those involving generic items (uncertain things) are broader and can involve multiple items of the same kind, leading to different considerations.

What legal principle underlies the idea of requesting a refund or compensation when an item deteriorates?

The legal principle is based on the idea that if a buyer receives a deteriorated item due to the seller’s fault, the buyer should be compensated for the loss, either through a refund, replacement, or a reduction in price along with damages.