The review of the mandatory clauses in covenant pandemic times 19 in connection with the restrictive measures imposed by the state

ABSTRACT

The object of this study is to investigate the revision of the mandatory clauses in times of Pandemic Covid 19 due to the restrictive measures imposed by the federal, state and municipal government. In this context, the problem is does State intervention imposing restrictive measures in times of pandemic COVID 19 make it possible to revise mandatory clauses? The proposed hypothesis is that the mandatory clauses should not be modified based on the principle of minimum intervention and exceptionality of the contractual review;except in unpredictable and / or extraordinary situations, as in the case of business formalized before the start of the COVID 19 pandemic and which has its execution periodically continued in the course of the pandemic. To analyze this hypothesis, this article is divided into three parts the VUCA world, its characteristics and Law 4.0;the COVID 19 pandemic and its economic effects in the face of restrictive measures imposed by the State;and the review of contractual clauses. © 2021, University of Passo Fundo. All rights reserved.