Classificação e regime dos danos por descumprimento do contrato uma análise comparativa

Abstract

The paper has as its aims, first, to identify the kinds of patrimonial damages whose indemnification the promisee is allowed to claim for breach of contract by the promisor and, second, to elucidate the features of its complex legal regime. We argue that there are different kinds of damages (damnum emergens), the indemnification of which is governed by a complex set of norms that have not been explicitly written by the legislator. We seek to identify the existing kinds of indemnifiable patrimonial damages and their legal regime through a comparative analysis of the case law produced by Brazilian and foreign courts, with significant emphasis on the latter.