A cláusula resolutiva expressa como meio efetivo de resolução extrajudicial

Abstract

This monograph aims to demonstrate the relevance of the clause termination express as a means of court settlement and its expansive potential, revisiting the institute in the face of changes in the law of obligations and the expansion of the concepts of due performance and default. Be addressed with the clause termination express as self-protection mechanism, specifically extinguish function of the contractual relationship, and seeks to break this resistance in much of the doctrine and jurisprudence for the year (not arbitrary) the very reasons the contractual framework. The problem raised in discussion is contextualized in the current scenario of the judicial machinery congestion, seeking pay attention to the need for change of perspective in order to make it more valued self-protection as a means of conflict resolution, based on the principle that the based, which is the private autonomy. The selfprotection that maintains, however, does not match the primitive forms of private revenge, but is constitutionalized, delimited by the principles of good faith and seal the abuse of rights. Therefore, it is concluded that the use of the express termination clause must be encouraged and extended, provided it is not contrary to these purposes, being clearly illustrated the advantages of court settlement, by allowing faster contractors discharging effect of the contractual relationship, smaller costs and more effective protection of their interests.