Direito Civil - Aula 107 - Defeitos do Negócio Jurídico - Vícios do Consentimento - Vícios Sociais

Summary

In this lecture, the concept of defects in legal transactions, as outlined in the Brazilian Civil Code (Articles 138-165), is explained. The focus is on two categories: consent defects and social defects. Consent defects occur when there is a discrepancy between a person's real and declared will in a transaction, such as error, fraud, coercion, state of danger, and injury. Social defects involve transactions made with the intent to harm third parties, such as fraud against creditors. The video offers a comprehensive explanation, complete with examples and legal references.

Takeaways

• 😀 The defects in a legal transaction are outlined in the Brazilian Civil Code, from Articles 138 to 165.
• 😀 Defects occur when there is a flaw in the consent or intention behind a legal transaction, or when the transaction is made to harm third parties.
• 😀 There are two main categories of defects in legal transactions: Consent Defects and Social Defects.
• 😀 Consent defects occur when a person's will or consent is affected, making their decision to enter a transaction invalid.
• 😀 Social defects occur when a transaction is intentionally made to harm others or to violate the law or good faith.
• 😀 Consent defects include five main types: Error, Dolo (Fraud), Coercion, State of Danger, and Lesion.
• 😀 Error refers to a mistaken belief that leads to a legal decision that would otherwise not be made, as outlined in Articles 138-144 of the Civil Code.
• 😀 Dolo (Fraud) involves deceit that influences the person’s consent, as outlined in Articles 145-150.
• 😀 Coercion involves threats or pressure that force someone to enter into a legal agreement against their will, defined from Articles 151-155.
• 😀 The State of Danger arises when one party is induced into a legal transaction due to imminent risk, as described in Article 156.
• 😀 Lesion occurs when one party takes advantage of the other party's vulnerability, as per Article 157 of the Civil Code.
• 😀 The Social Defect known as Fraud against Creditors (Articles 158-165) happens when a transaction is designed to harm creditors.
• 😀 A legal transaction must reflect the true, free, and conscious consent of the individual for it to be valid under the law.

Q & A

What are the defects in a legal transaction as mentioned in the script?

The defects in a legal transaction are the issues that affect the consent or the will of a person when entering a legal agreement. These defects are classified into two categories: defects of consent and social defects.

What is meant by 'defects of consent' in a legal transaction?

Defects of consent occur when there is a flaw or problem in the person's willingness or consent to enter into a legal transaction. This typically happens when the real intention of the person differs from the declared intention in the contract or agreement.

Can you explain the concept of 'social defects' in legal transactions?

Social defects refer to situations where a legal transaction is made with the intent to harm third parties or violate the law or good faith. These defects are not related to a discrepancy between the real and declared intentions but rather involve malicious intent.

What is the difference between defects of consent and social defects?

The main difference is that defects of consent involve a divergence between a person’s real and declared will, whereas social defects occur when the person intentionally seeks to harm third parties or act in bad faith, without any discrepancy in their consent.

What are the five types of defects of consent mentioned in the Code Civil?

The five types of defects of consent outlined in the Code Civil are: error (Article 138-144), fraud (Article 145-150), coercion (Article 151-155), state of danger (Article 156), and lesion (Article 157).

What is an example of a situation where a defect of consent occurs?

An example is when someone is forced to sign a contract, like a check, under threat. In this case, the real intention of the person is not to sign the check, but due to coercion, they declare the intention to do so.

What is meant by 'error' as a defect of consent?

An error as a defect of consent occurs when a person enters into a legal transaction based on incorrect information or a misunderstanding about the terms of the agreement. This error can lead to a lack of true consent.

How does 'fraud' impact the consent in a legal transaction?

Fraud involves intentional deception to manipulate a person into agreeing to a contract. The defrauded person is led to make decisions based on false information, which undermines their true consent.

What is the role of 'coercion' in defects of consent?

Coercion occurs when a person is forced to enter into a contract under threat or pressure. This forces the person to declare a consent they did not voluntarily choose, making the contract defective.

What is a 'state of danger' in the context of legal defects?

A state of danger occurs when a person agrees to a contract because they are in a situation where their life, property, or honor is at risk. This situation pressures the person to make decisions they wouldn't otherwise make freely.

What does 'lesion' refer to in terms of defects of consent?

Lesion refers to situations where one party takes advantage of the other’s vulnerability, such as when a person is forced to accept an unfairly low offer due to their lack of knowledge or distress.

What is 'fraud against creditors' as a social defect?

Fraud against creditors involves a legal transaction made with the intent to evade or harm creditors, typically by hiding assets or making fraudulent deals that impair the ability of creditors to collect debts.