Reverential awe in the Brazilian Civil Code of 2002: critical remarks

Authors

  • Rodrigo de Lima Vaz Sampaio

Keywords:

Invalidity, Reverential awe, Threat, Deceit, Abuse of right

Abstract

The simple reverential awe – metus reverentialis – is not a defect in the declaration of will. It is the first reading of article 153 of the Brazilian Civil Code. An examination of coercion, deception and the elements of the reverential awe would be enough to reach the conclusion it shall not be ignored on contract validity assessment. The invalidity may exists if the elements of coercion or deception are fulfilled, or if, in specific circumstances, the reverential awe is considered a defective declaration of intent.

Published

2018-10-30

Issue

Section

Doutrina Nacional