Resolution for excessive burden: requirements and negotiability

Abstract

This article, which reproduces a lecture given at the II International Private Law Conference, organized by the Private Law Institute in association with the São Paulo Lawyers Assoaciation (AASP), held on October 19 and 20, 2017, aims to systematize the assumptions to face the excessive burden proposing an analysis of those explicitly set forth in article 478 of the Brazilian Civil Code, as well those assumptions implicitly established in the codified system. Secondly, this article examines the possibility of the parties to negotiate on excessive burden, either to restrict or to amplify its application by mutual agreement.