VÍCIOS REDIBITÓRIOS NO CÓDIGO CIVIL DE 2002

A (IM)POSSIBILIDADE DE SE EXCLUIR A RESPONSABILIDADE PELOS VÍCIOS REDIBITÓRIOS. UM ESTUDO COM O DIREITO COMPARADO.

Abstract

The research aims to analyze the latent defects in light of the Brazilian Civil Code of 2002, demonstrating its spectrum of coverage and its usefulness in the context of the Law of Obligations. Among the innovations brought by the 2002 Civil Code, with respect to the matter of latent defects, in relation to its 1916 predecessor, it is possible to verify the exclusion of the content of article 1.102 of the CC/1916, which allowed the exclusion of the seller's liability for latent defects, provided there was no bad faith, which caused doubt in the doctrine about the possibility or not, as of the entry into force of the 2002 Civil Code, of contractually excluding the seller's liability for latent defects. The method used is the hypothetical-deductive method, based on legislation, doctrine and case law. It concludes that it is possible, due to the private autonomy, to insert in the contract a clause that excludes the guarantee against latent defects, provided that certain assumptions are observed by the parties.