O regime da impossibilidade superveniente no direito brasileiro: conceito e aplicação

Abstract

This study has as its purpose the systematization of the supervening impossibility regime under Brazilian Law. The supervening impossibility, as the name suggests, makes the performance of an obligation impossible after the parties have already entered into a contractual relationship, disturbing the contractual program and may even lead to the termination of the contract. Despite its significant practical importance, the topic is still not widely discussed in Brazil. As it is treated in an unsystematic way in the Brazilian Civil Code, it is not known, for example, what is the concept of supervening impossibility adopted in Brazilian Law, nor how it is classified, which is essential for the determination of its consequences. As will be seen, many of the questions that need to be answered for the proper application of this figure are also widely discussed in other legal systems, showing that the issues of supervening impossibility are not exclusive to the national legal system. The relevance of the topic is justified in the face of the uncertainties surrounding the institute, the result of both the lack of legal systematization and the divergences in the doctrine, and the important practical consequences of the matter in contractual programs.