Aula 2.2 - Classificações dos contratos

Summary

In this lesson, the instructor discusses the general theory of contracts, focusing on contract classifications based on the parties' financial sacrifices. The video explains 'onerous' contracts, where both parties experience a financial loss, with a typical example being a car sale. The instructor contrasts this with 'gratuitous' contracts, where only one party incurs a financial sacrifice, such as in a pure donation. A key point from the Civil Code is the interpretation of these contracts, particularly how ambiguous clauses should be interpreted restrictively. The lesson concludes with an exception to these rules, using the example of a loan contract with interest, which is both onerous and unilateral.

Takeaways

• 😀 Onerous contracts involve a financial sacrifice from both parties, where both are creditors and debtors.
• 😀 An example of an onerous contract is the purchase and sale of a car, where both the buyer and the seller experience a patrimonial sacrifice.
• 😀 Gratuitous (benéfico) contracts involve only one party suffering a financial sacrifice, while the other benefits without providing any compensation.
• 😀 A typical example of a gratuitous contract is a simple donation, where the donor gives something freely to the recipient.
• 😀 According to Article 114 of the Civil Code, gratuitous contracts should be interpreted restrictively when there is doubt or ambiguity in their terms.
• 😀 If a donation agreement does not mention certain items (e.g., a garage with an apartment), the items not explicitly mentioned are not included.
• 😀 Onerous contracts are typically bilateral, meaning both parties have rights and obligations.
• 😀 Gratuitous contracts are usually unilateral, as only one party has obligations towards the other.
• 😀 *Mútuo feneratício* (loan with interest) is an exception to the usual classification of contracts, as it is both unilateral (only the borrower has an obligation to repay) and onerous (due to the interest payments).
• 😀 Contracts can have multiple classifications based on different criteria, such as being onerous or gratuitous, bilateral or unilateral, depending on the specific conditions of the contract.
• 😀 Understanding these classifications is crucial for legal practice, as different types of contracts require different interpretations and implications for both parties involved.

Q & A

What is the primary classification criterion for contracts discussed in this video?

The primary classification criterion discussed is based on the financial sacrifice of the parties involved in the contract. It differentiates between onerous contracts, where both parties suffer a financial loss, and gratuitous (or beneficial) contracts, where only one party incurs a loss.

What distinguishes an onerous contract from a gratuitous contract?

An onerous contract is one in which both parties suffer a financial sacrifice. In contrast, a gratuitous contract involves only one party suffering the financial sacrifice, while the other benefits without making any reciprocal payment or sacrifice.

Can you give an example of an onerous contract?

A typical example of an onerous contract is the sale of a car. In this case, the seller loses the car (a financial sacrifice), while the buyer loses the money they pay for the car (another financial sacrifice).

What is meant by a gratuitous or beneficial contract?

A gratuitous or beneficial contract is one where only one party experiences a financial sacrifice, and the other party gains without making any corresponding sacrifice. An example is a pure donation, where one party donates money or goods to another without expecting anything in return.

What does Article 114 of the Civil Code state about interpreting beneficial contracts?

Article 114 of the Civil Code requires that beneficial contracts (such as donations) be interpreted restrictively. If there is any ambiguity or doubt about what is included in the contract, the interpretation should limit the scope of the gift.

Can you provide an example of applying Article 114 in a contract?

If someone donates an apartment without mentioning a parking space, and there is ambiguity about whether the parking space is included, Article 114 would guide that the parking space should not be considered part of the donation, interpreting the contract restrictively.

What is the general classification of an onerous contract?

An onerous contract is typically bilateral, meaning that both parties are simultaneously creditors and debtors, with rights and duties toward each other.

How does a gratuitous contract generally classify?

A gratuitous contract is generally unilateral, as only one party assumes obligations, while the other party gains benefits without any reciprocal duties.

What is the exception to the general rule of onerous and gratuitous contract classifications?

The exception is the **mútuo feneratício**, a loan agreement subject to interest. Despite being unilateral (since one party is obligated to repay the loan), it is considered onerous due to the interest that must be paid.

Why is the **mútuo feneratício** classified as both unilateral and onerous?

The **mútuo feneratício** is classified as unilateral because only one party is required to repay the borrowed money. It is also considered onerous because the borrower must pay interest, which constitutes a financial sacrifice.