CONTRATO PRELIMINAR É OBRIGAÇÃO ACESSÓRIA?Contrato Preliminar É Obrigação Acessória • March 7th, 2014
This article has the main target to average with reliability the juridical nature of the juridical institute named Preliminary Contract, typified in the Motherland Civil Legislation in the Art. 462and followings of the Law Nr. 10.406, from January 10 of 2002 (Brazilian Civil Code). Such problem would resume the inquiries: The Preliminary Contract has the same juridical nature of an Accessory obligation? Would be it an Accessory Contract? A contract would have its functional existence dependent from its finality (patrimonial retraction from the parts)? Defined by the majority of the doctrine in its nature as an accessory contract, in this article, an exploration and an explanation of another “facet”, of this institute that sub judge such accessories is searched, using, for to reach such incumbency, a method of comparative study – comprobatory of the requirements that complete a character of been an accessory of a principal.
