Introdução ao Direito das Obrigações (1.1)

Summary

In this engaging lecture, Professor Stanley Costa delves into the fundamental concepts of civil obligations under Brazilian law. He explores the importance of the topic, emphasizing its role in daily societal interactions, especially through contracts. The lecture covers key theoretical perspectives, including definitions from notable legal scholars, and outlines the essential elements of an obligation—subjective, objective, and spiritual. Professor Costa highlights the significance of obligations for both legal practitioners and society, with a focus on their financial and legal implications. This session serves as a solid foundation for understanding civil obligations and their impact on law and society.

Takeaways

• 😀 The video is hosted by Professor Stanley Costa, a Civil Law teacher, who celebrates reaching 10,000 YouTube subscribers and offers free access to two courses as a thank you.
• 😀 The courses will be released gradually, with weekly video lessons on obligations and contracts. The free access is available on YouTube, but purchasing the course on Hotmart offers additional benefits.
• 😀 Purchasing the course gives access to already recorded lessons, a comprehensive study guide, slides, and a well-structured didactic notebook with in-depth content.
• 😀 The course material includes doctrinal citations, case law, competition questions, and a certificate for completing additional hours of study.
• 😀 Professor Costa encourages viewers to support the channel by liking, sharing, and subscribing to ensure more free content in the future.
• 😀 The core subject of the video is 'Obligations,' the first book in the special part of the Brazilian Civil Code. The Civil Code is divided into general and special parts, with obligations being a crucial part.
• 😀 The 'right of obligations' is vital in civil law and has a wide impact on legal practice, as it governs most legal actions such as collection, execution, and indemnity actions.
• 😀 Relationships involving obligations are fundamental to society, as they are integral to economic transactions, such as buying goods, paying services, and other daily interactions.
• 😀 The concept of an obligation is explained as a legal relationship between a debtor and a creditor, where the debtor has a duty to perform a certain action or deliver something for the benefit of the creditor.
• 😀 Legal theorists such as Justinian, Paulo Nader, Carlos Roberto Gonçalves, Orlando Gomes, and Washington de Barros Monteiro offer various definitions of obligations, emphasizing aspects like patrimony, enforceability, and the temporary nature of obligations.
• 😀 Obligations are always temporary, never perpetual, and they require two parties (debtor and creditor). There must be a subject (either capable or incapable) and a clear, lawful, and feasible object, such as an act of giving, doing, or refraining from doing something.

Q & A

What is the main topic of the video?

The main topic of the video is an introduction to the subject of 'Obligations' in Civil Law, particularly focusing on the importance of this area within the legal field.

Why did the professor decide to offer free courses on Hotmart?

The professor decided to offer free courses as a way to thank the 10,000 subscribers on his YouTube channel, giving back to the community by making his content more accessible.

What benefits does purchasing the course on Hotmart provide, even though the lessons will be available on YouTube?

Purchasing the course on Hotmart gives access to all the lessons in advance, along with additional materials such as detailed didactic notebooks, PowerPoint slides, quizzes, and a completion certificate for academic hours.

What is the relevance of 'Obligations' within Civil Law?

Obligations are considered one of the most important aspects of Civil Law, as they form the basis of legal relations in society. These relationships are fundamental in legal practice and are present in most legal actions, especially in contracts, debt collection, and executions.

How does the professor view the importance of the subject of 'Obligations' compared to other Civil Law areas?

The professor avoids ranking the importance of different Civil Law subjects. He values all areas equally, acknowledging that while 'Obligations' is crucial, other areas like Family Law are also essential based on societal needs.

What does the professor mean when he says that 'contract is a legal transaction, not just a piece of paper'?

The professor emphasizes that a contract is not just a written document but a legally binding agreement that creates obligations between parties. It defines relationships that affect legal and economic duties in society.

What are the key characteristics of an 'obligation' as defined in the video?

The key characteristics of an obligation include: a relationship between two parties (debtor and creditor), a provision of something of value (economic), and the possibility of enforcement if not fulfilled voluntarily. Obligations are temporary, bilateral, and can be legally enforced.

According to the professor, what role does the concept of 'exigibility' play in obligations?

Exigibility refers to the right of the creditor to demand fulfillment of the obligation by the debtor. If the debtor fails to perform voluntarily, the creditor can seek legal enforcement, including through measures like asset seizure.

What is the difference between an 'obligation' and a 'duty' in Civil Law?

In Civil Law, 'obligation' refers to a specific, legally enforceable relationship involving economic exchanges between two parties, whereas 'duty' is a broader term that may refer to any moral or legal responsibility, not necessarily tied to a transactional relationship.

What is the definition of 'confusion' in the context of obligations?

Confusion refers to the extinction of an obligation when a person assumes both the roles of debtor and creditor, thus dissolving the relationship. This can happen if, for example, a debtor inherits the debt and the creditor’s role.