Abstract

This paper addresses the utility of the no-indemnity clause and its reception in Brazilian law, both legislatively and jurisprudentially. Additionally, it examines paradigmatic works dedicated to the topic, progressing towards more recent studies aimed at identifying the requirements and limitations proposed for the validity of the clause. The article analyzes the boundaries concerning violations of public order and mandatory norms, including protection of life and physical integrity, fraud or gross negligence, limitation/exoneration of the duty to indemnify, and economic balance of the contract. The objective is to provide doctrinal and jurisprudential elements and foundation for the analysis of the validity of a clause intended to be stipulated or accepted within the scope of business transactions in the corporate sector.

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