APPLICATION OF THE THEORY OF UNPREDICTION IN RANDOM CONTRACTS
Antonia Jessyca Bezerra Rozado · Zenodo (CERN European Organization for Nuclear Research) · 2016
There is in Brazilian law a great doctrinal divergence about the application of the theory of unpredictability in random contracts. Because it comes from the rebuc sic stantibus clause, which aims to review the contractual clauses. At this point, this possible application of the theory of unpredictability in random contracts becomes important, because, although the contracting parties assume a risk at the time of conclusion of the contract, if at the time of execution an unpredictable event occurs, different from the risks assumed, a contractual review. However, it is worth noting that the theory of unpredictability, although its acceptance in the Brazilian legal system is not undeniable, it has not ceased to be an exception, as it can only be applied in exceptional situations, provided for by law. The general objective of this work is to seek, explore and explain the possibility of applying the theory of unpredictability in a risk contract, with the specific objective of: 1. Exposing in a doctrinal way the random contract with its concepts, modalities and effects; 2. Explain the theory of unpredictability by exposing the historical facts, concepts and requirements; 3. Present, from a doctrinal and jurisprudential point of view, the possibility of applying the theory of unpredictability in risk contracts.