Aula 2.4 - Classificações dos contratos

Summary

The video explains the classification of contracts, focusing on two types: comutative and aleatory contracts. Commutative contracts are those where both parties know the obligations and risks involved upfront, such as in traditional purchase agreements. Aleatory contracts, on the other hand, involve uncertain elements, like insurance or gambling, where the outcome depends on chance. The speaker highlights that some contracts, such as a sale of future goods, can transform a typically comutative contract into an aleatory one. The lesson also covers specific examples, such as contracts for the sale of future goods and the risks involved, providing a clear understanding of these legal concepts.

Takeaways

• 😀 The class focuses on the classification of contracts, specifically addressing risks involved in contract execution.
• 😀 Commutative contracts are those where both parties know the exact performance expected from each side. An example is a typical purchase and sale agreement.
• 😀 In a commutative contract, both parties are aware of the terms and obligations in advance, such as the price and delivery details in a sale.
• 😀 Aleatory contracts, unlike commutative ones, involve uncertainty and risk, with at least one party unaware of their exact obligations when the contract is made.
• 😀 The term 'aleatory' comes from the Latin word 'alea,' meaning 'chance,' highlighting the unpredictable nature of these contracts.
• 😀 The Brazilian Civil Code allows for aleatory contracts, such as insurance and gambling, and they are specifically regulated by articles 458 to 461.
• 😀 An example of an aleatory contract is insurance, where you don't know if you'll need it, but it depends on chance.
• 😀 Some contracts that are usually commutative can be transformed into aleatory contracts by adding an accidental element, like a contract for the sale of a future or uncertain thing.
• 😀 A sale of a future thing is an example of transforming a commutative contract into an aleatory one, where the existence of the item being sold is uncertain.
• 😀 There are two types of aleatory contracts in the Brazilian Civil Code: the 'venda da esperança' (sale of hope), which involves high risk regarding the existence of the item, and the 'enxurreira' (minimum quantity sale), where the risk concerns only the quantity of the item, not its existence.