CLASS 14 - THE ENGINEERING PROJECT

About this video

• Video Title: CLASS 14 - THE ENGINEERING PROJECT
• Channel: ÉRICA MOLINA RUBIM
• Speakers: Erica Molina (inferred from description)
• Duration: 00:25:52

Overview

This video explains the contract of empreitada (contracting/undertaking) in civil law. It details the roles of the contractor and the owner of the work, differentiates it from a service contract, and explores various classifications and characteristics of empreitada contracts, including bilateral, consensual, commutative, onerous, and successive obligations. The video also touches upon different types of empreitada, payment structures, and the conditions under which such contracts can be terminated.

Key takeaways

• Definition of Empreitada: A legal relationship where a contractor agrees to complete a work for the owner of the work, in exchange for payment.
• Distinction from Service Contracts: An empreitada contract focuses on the delivery of a finished work, whereas a service contract focuses on the service itself. The contractor may not perform the service directly but is responsible for its completion.
• Contractual Characteristics: Empreitada contracts are bilateral (both parties have obligations), consensual (formed by agreement of wills), commutative (obligations are known and agreed upon), onerous (involves mutual exchanges), and typically successive (obligations are fulfilled over time).
• Types of Empreitada:
  • Mão de Obra (Labor Only): The contractor is responsible only for the work/labor, while the owner provides the materials.
  • Mista (Mixed): The contractor is responsible for both the labor and acquiring the materials.
• Contract Termination: Contracts can end through completion, death of the contractor, mutual agreement (distrato), breach of contract (resolução), unilateral rescission, or due to excessive burden (onerosidade excessiva), and in cases of the contractor's bankruptcy or the owner's insolvency.