THE SUBSTANTIAL PERFORMANCE THEORY IN THE FIDUCIARY ALIENATION AGREEMENT OF MOVABLE GOODSFiduciary Alienation Agreement • June 3rd, 2022
This article seeks to understand, through the study of the contractual relationship and the understanding of the Substantial Performance Theory, based on the previous and current decisions of the Superior Court of Justice on the subject, whether or not there is space in Brazilian Law to discuss the application of the aforementioned theory in the fiduciary alienation agreement of movable goods. In outdated decisions, the STJ understood to apply it in this kind of legal business, however, in recent Judgment, reformulated this understanding. After the doctrinal and jurisprudential analysis, this article concludes that in view of the arguments presented for and against the application of this theory, it is still appropriate to study and discuss this subject to better pacify it.
