IMPACTOS DA COVID-19 NO ADIMPLEMENTO DE OBRIGAÇÕES NOS CONTRATOS DE LOCAÇÃO DE IMÓVEIS COMERCIAIS

Abstract

The covid-19 pandemic caused a scenario of socioeconomic instability on a world scale and the lives of thousands of people were affected. In addition to the impacts on public health, the economy and politics, there is a crisis in legal security: how can we honor commitments made before the pandemic, if the circumstances are now totally adverse? The reasons for choosing the theme are justified by the repercussions of the problems that have arisen and will arise in the applicability of the law in these times of crisis. In order to explain the impacts of covid-19 in complying with obligations in commercial property lease contracts, the theories of issues related to the default of contractual obligations in adverse situations were explored from the perspective of the Brazilian legal system. The problem is summed up in the raising of ideas for the reestablishment of the contractual balance in legal businesses. For this discussion, laws were used: Law nº 10.406/2002, known as the Civil Code, in particular articles 317, which deals with the theory of unforeseen circumstances, art. 393 which deals with the act of God or force majeure, art. 478 which deals with the theory of excessive burdens; Law nº 14.010/2020, known as the Pandemic Law; Law nº 8.245/1991, known as the Tenancy Law. In addition, doctrines and judgments from the Courts of the Espírito Santo were used.