It is a third contract that does not participate, but benefits from it. This type of contract is against the principle of relativity of the effects of the contract. Eg life insurance contract, lease agreement that states that the rent should be allocated to third.

Article 436. What states in favor of third parties may require the fulfillment of the obligation. [If this requirement is being violated, the person who can claim the stipulated compliance]

Sole Paragraph. In the third, for whom the obligation was stipulated, is also allowed to demand it, being, however, subject to the conditions and standards of the contract, to give assent to it, and the policyholder does not innovate in terms of art. 438. [The beneficiary may, but is subject to all terms of the contract]

Article 437. If the third party, for whom he made ​​the contract, the right to stop complaining to the execution, the policyholder can not dismiss the debtor. [If you have this express clause to the third performance of the contract claim, the policyholder does not may modify these clauses. If you do not have this clause the policyholder can still modify the contract the way you want]

Article 438. The policyholder may reserve the right to substitute a third party designated in the contract, regardless of their consent and the other contractor.

Sole Paragraph. The replacement can be done by an act inter vivos or by last will. [Last will testament =]

This type of contract is exogenous effects (inside out), because its effects reach people not involved in the contract.

2. THE PROMISE OF FACT THREE (Art. 439 / 440)

Article 439. He has promised that the third fact liable for losses and damages where this does not run. [When the third party is not doing what was promised, who promised to respond in damages]

Sole Paragraph. This responsibility does not exist if the third person is the spouse of the prospective, depending on their agreement to act to be practiced, and provided that at the wedding arrangements, compensation, somehow, come to lie on their property. [Only receives the damage suffered no damages. But in separate property, as the patrimony of the spouse who did not promise it will not be compromised, this caveat does not come and the person who promised to answer yes for damages]


Article 467. At the conclusion of the contract, a party may reserve the right to appoint the person who must acquire the rights and fulfill the obligations arising therefrom. [Eg can happen frequently in preliminary contracts of sale, stating another person's time to transfer the ownership of the property] The clause stipulates that faculty called PRO AMICO AConnect CLAUSE.

Article 468. This shall be communicated to the other party within five days of the completion of the contract if the other has not been set. [May have another term but it must be expressed]

4. Of the preliminary contract (Art. 462 / 466)

Article 462. The preliminary contract, except as to the form must contain all the essential requirements of the contract to be entered.

Article 463. Completed the preliminary contract, in compliance with the provisions of the preceding article, and since it does not appear repentance clause, either party shall have the right to demand the execution of the definitive signing period to another so that a reality. Notes Notification term.

Sole Paragraph. The preliminary contract should be taken to the registration authority.

Article 464. Expiration of the term, the judge may, on request, supply the will of the defaulting party by giving finality to the preliminary agreement, unless it opposes nature of the obligation.

Article 465. If the policyholder does not give effect to the preliminary agreement, the other party may consider it broken, and ask for damages.

Article 466. If the promise is unilateral contract, the lender, failing to stay the same no effect should manifest itself in the period laid down, or it not existing, as it is reasonably signed by the debtor


When the contract will be terminated? In four ways (the second teaching major):

Normal way of extinction, fulfilling the contact (compliance); DEATH: eliminating only to contracts personalíssimos; PREVIOUS FACT: INVALIDITY OF CONTRACT: void / voidable; Termination EXPRESS: art. 474/477 c / 476/477, (except for the unfulfilled contract). PROVISION OF REPENTANCE: art. 420, CC, art. CDC 49; (allowing withdrawal of the contract)

In this case of repentance may have penalty: arras or sign. (No damages). Repentance can be exercised within 7 days for purchases made ​​off-premises, as the CDC, including airfare.



Price (necessarily have to have monetary value, or that it will exchange)

TRANSFER OF PROPERTY (catch: transfer of ownership is not just for buying and selling)

Mobile (is transmitted by tradition); Property (the record is transmitted [writing]).


Parties; Thing (Note: a rule must be a corporeal thing. Some scholars admit intangible such as copyrights); Preço.


Bilateral (synallagmatic) Costly; a rule is commutative, but can acquire random effect; Solemn property for over 30 salaries, not too solemn cases; Typical;



Price (necessarily have to have monetary value, or that it will exchange)

TRANSFER OF PROPERTY (catch: transfer of ownership is not just for buying and selling) Mobile (is transmitted by tradition); Property (the record is transmitted [writing]). ELEMENTS: Parts; Thing (Note: a rule must be a corporeal thing. Some scholars admit intangible such as copyrights); Preço. Bilateral CLASSIFICATION (synallagmatic) Costly; a rule is commutative, but can acquire random effect; Solemn property for 30 salaries above; not too solemn cases; Typical;

505/508. Retrovenda: it is a surrender clause. You will sell a thing and give the right to repurchase the thing.

Property becomes a resolvable, so if anyone were to buy a property within stipulated retrovenda, you know you may lose the property.

Retrocession: art. 519, CC. It is the possibility of regaining the expropriated and has been the object of expropriation for not having been given to him the fate of public interest for which it is expropriated. There are differences in the STJ on the retrocession. Some admit to recover well, and others say they are only possible damages.

LESSON OF THE DAY 05/16/2011 (Mariana missed. Skip matter and audio)


The checker shall retain the right for some time, after which there are happy with the good and decide to stay with him. In this case, the buyer is not going to be owner, but squatter. And the clerk will have ownership resolvable.

- Section 521/528

Res expert emptor: the thing dies in the hand of the buyer because the buyer is in possession, and therefore comandatários of thing.

Note: In leasing the corresponding action is the repossession. In the fiduciary the corresponding action is the search and seizure.

- Thing Mobile / Infungível

The example of the car can be characterized as Infungível because it can only be characterized as (chassis).

- Provide outstanding: extrajudicial or judicial notice. It is for action and collection of overdue payments.

- Actions

- Donation to the unborn: 542/543; The law puts the saved, from conception, the rights of the unborn. Condition to make a donation to the unborn child (suspensive condition): live birth.

- Donation under periodic subsidy: 545: 1) If not stipulated period, ends with death, 2) may have to the contract or will (leave legacy for the estate), 3) the grant may not exceed the life of the donee (because it is unique and personal);

- Propter Nuptias: 546; commitment to donation because of the marriage. Can be between the spouses themselves or a third party for the spouses. If donations between spouses, the well will be to receive that particular donation. Wedding gifts do not fall into this category. Condition: the wedding.

- Clause Reversal: 547; donation prevails only if the donor die before the donee. (Resolvable property, the donee has full ownership while the donor is alive).

- Universal: 548, is donating the totality of assets. You can not. This donation is void. Must book a minimum for subsistence.

- Conjunctiva: 551; contemplating two or more persons with a gift and not providing for the part of each, divided into equal shares proportionally. What does the single paragraph, is called “Right to accrue legal”: the well-received in donation will not be divided along to others, but goes entirely to the surviving spouse donee.

- Manual: 541, §; that of movable property of small value, delivered immediately. The “little value” is relative financial condition of the donor. It is an example of the entrepreneur of the bureau who donated books for his girlfriend.

- Unofficial: 549; VERY IMPORTANT. Parties:

1) Letimida (necessary for the heirs);

2) Part available (freely available, will).

So unofficial donation is the donation when he makes the party could not have donated, or the donation was from legitimate, therefore NULL. It is checked at the time the donor made ​​the donation (“at the time of the donation”) and not at the time that the donor died.

Note: do not expect the donor to plead the invalidity die.

- To concubine: 550; any donation to the concubine may be canceled up to 2 years after dissolving the conjugal partnership.

- For future entity: 554; gives an X value to build an entity.

- Promise to Donate? May exist. There is discussion, but was pacified by the promise STJ donation is legal.

- Withdrawal: 555. Two cases:

1) ingratitude (the cases are in art. 557);

2) charge which was not fulfilled.