What is the purpose of article 931 in the Brazilian Civil Code?

Critical notes on a pointless legal provision

Authors

  • Daniel Amaral Carnaúba

Keywords:

Torts , Consumer law, Civil Code article 931, Product liability, Defective products

Abstract

Differently from the previous Civil Code, the 2002 Brazilian Civil Code provides, under its article 931, strict liability upon entrepreneurs due to damages caused by products that are put on the market. Yet, such situation had already been covered by articles 12 et seq. of the Consumer Protection Code enacted in 1990, which regulate manufacturers’ liability for defective products. In light of this legal basis, the author analyses the legal consequences of the introduction of article 931 in the Civil Code within product liability rules. 

Published

2021-01-16

Issue

Section

Doutrina Nacional