AULA 30 - TRANSMISSÃO DAS OBRIGAÇÕES

Summary

This video introduces the concept of 'transmission of obligations' in Civil Law, specifically focusing on the transfer of contractual positions. The speaker explains the phases of obligatory relationships, highlighting how obligations can be transferred to third parties through three types of sessions: assignment of debt, assignment of credit, and assignment of contracts. The discussion clarifies that these transfers can be with or without compensation and emphasizes the role of autonomy in deciding to transfer contractual positions. The session concludes by previewing an in-depth exploration of assignment of credit in the next lesson.

Takeaways

• 😀 The study focuses on the second phase of obligatory relationships in Civil Law, specifically on the transmission or transfer of obligations.
• 😀 The transmission of obligations is also known as the assignment of obligations or the transfer of obligations, and is explained using the concept of passing a baton.
• 😀 There are three types of transmission of obligations, each representing different forms of assignment, as defined in the Civil Code.
• 😀 The session (transfer) of obligations involves either transferring the right to credit (as the creditor) or the duty to pay (as the debtor) to a third party.
• 😀 The transfer of obligations can occur for consideration (where the debtor or creditor receives something in return) or gratuitously (without any payment).
• 😀 Obligatory relationships typically have two main phases: formation (when the obligation arises) and extinction (when the obligation is fulfilled or paid).
• 😀 Between the formation and payment phases, there may be an intermediate phase where the creditor or debtor can transfer their position to a third party.
• 😀 The transfer of obligations can be done through a session, where the debtor or creditor passes on their contractual position to another party.
• 😀 An example of a debt transfer is the assignment of debt, where the original debtor transfers their responsibility to fulfill an obligation to a new debtor.
• 😀 Another example is the assignment of credit, where the original creditor transfers their right to receive payment to a new creditor.
• 😀 In some cases, a party may be both a debtor and a creditor, and they can assign their entire contractual position, including both rights and duties, to a third party.

Q & A

What is the main topic of the video script?

The main topic of the video is the transmission of obligations, specifically focusing on the assignment or transfer of obligations in the context of civil law.

What does the term 'session' refer to in the context of obligations?

The term 'session' refers to the transfer or transmission of an obligation, where one party passes their contractual position to a third party, either transferring their rights or responsibilities.

How many types of transmission of obligations are discussed in the video?

The video discusses three types of transmission of obligations, all of which involve transferring a contractual position between parties.

What is the significance of the debtor passing on their position in the contractual relationship?

When the debtor passes on their position, they transfer their responsibility to fulfill the obligation to a third party, which could be for a fee or free of charge.

What are the two main phases of an obligatory relationship discussed in the video?

The two main phases are the formation phase, where the obligation arises, and the extinction phase, where the obligation is fulfilled or completed, often through payment.

Can the transmission of obligations happen in between the formation and extinction phases?

Yes, the transmission of obligations can occur in the intermediate phase between the formation and extinction phases, depending on the autonomy of the parties involved.

What is the difference between assignment of debt and assumption of debt?

Both terms refer to the transfer of debt, but 'assignment of debt' focuses on the transfer of the debt from one debtor to another, while 'assumption of debt' is another term that can be used for this process.

What is an example of assignment of credit?

An example of assignment of credit occurs when a creditor decides to transfer their right to receive payment from a debtor to another creditor, while the terms of the original obligation remain unchanged.

What happens in a situation where someone is both a debtor and a creditor in the same obligatory relationship?

If a person is both a debtor and a creditor in the same relationship, they can assign their entire contractual position, including both rights and obligations, to a third party.

What is the difference between 'assignment of contract' and other types of session?

The 'assignment of contract' occurs when a person, who is both debtor and creditor in a contract, transfers their entire contractual position, including both rights and obligations, to another party, whereas other sessions focus solely on the transfer of either the debtor's obligations or the creditor's rights.