Discharge and unilateral discharge: criticism and proposals to Section 473 of Brazilian Civil Code

Abstract

Brazilian Civil Code’s Section 473 equalized the unilateral discharge and the unilateral discharge, thinking them in terms of cause and effect. This option is distant from figures found in the legal literature, which distinguish the discharge power in indefinite and definite legal relationships. This article intends to present the insufficiencies  of this legislative model, and, also, a proposal of interpretation destined to overcome such insufficiencies.