
The Theory of Substantial Adimplemento and Its Applicability in Brazil
Is there a contractual imbalance when a fiduciary alienation clause is used?
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In recent years, bilateral legal transactions with real guarantees have used fiduciary alienation as a primary clause, where it has often been executed through a contractual default by the debtor. However, much is questioned about the contractual balance, because to what extent should the theory of substantial fulfilment be applied? What are its legal requirements for applicability? Has the Brazilian majority jurisprudence applied them adequately?