Positive and negative contractual interest reflections on the default of contract and indemnification of positive contractual interests

Abstract

The study I will develop left of some aspects raised in monographic work authored by Prof. Dr. Paulo Jorge Scartezzini Guimarães, that together we had occasion to publish. Some premises will be invoked by context the reader. Them, I will specifically develop the problem of the indemnity of positive contractual interest in Brazilian law, in dealing with situation of default of the contract. Beginning, I will make a brief contextualization of the subject in the Science of Law. Afterwards, I will analyze the model that other legal systems face. The following will follow the keynote of this essay: a proposal for a positive contractual interest interest in the wrongful misconduct of the contract. From the point of view of the Court of Justice of São Paulo, it has the possibility of indulgence of positive contractual interest, in the attempt to delineate the contours of concrete application.