Distribuição do risco em contratos de prestação de serviços

Abstract

The theme about risk distribution regarding service contracts belongs to one of the less studied matters in contract law in general. Despite this, it’s still one of the most preponderant and indispensable theme for the legal daily routine.In the present dissertation we propose to explore the said theme and try to convey some clarification about it. Therefore, we will lean on the definition of “risk” and the cause why there is such difficulty to obtain just one definition to this concept. Without further delay, we will also try to find a definition for force majeure events and explain what they mean regarding risk distribution.Then we will focus on the definition of the different types of impossibility of accomplishment of the instalment of the service rendered. At this point we will also raise questions about the said types of impossibility. Finally we will pay special attention to the articles 790º to 795º of the portuguese Civil Code and from that we will try to demonstrate how risk is distributed between different contractors in service contracts. With this work we will try to appoint solutions to the listed questions hoping that they may be a contribution to this legal area.

Date of Award	5 Jan 2018
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)