THE INCLUSION OF FORTUITOUS CASE AND FORCE MAJEURE AS CIVIL LIABILITY-EXCLUDING INSTANCES IN THE CONSUMER RELATION LAW

Authors

  • Alneir Fernando Santos Maia

Abstract

Act n. 8078 of 1990, which established the Consumer Protection Code in Brazil, set forth norms of public order and social interest to protect and defend consumers. These norms mostly aim at balancing the parties participating in the consumer relation and holding suppliers liable for damages derived from defective products or poor services. However, the Code posits instances that free the supplier from liability, such as the fortuitous case and force majeure, which break the causal connection between fact and damage. The institution of liability as assessed under the Consumer Protection Code is of paramount importance for the realization of the rights of Brazilians and to achievement of a Democratic Rule of Law.

Published

05/12/2025

Issue

Section

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