The Effects of the "Dação cm Pagamento" (in the cases of eviction creditor)

Abstract

The analysis of the cases of eviction in the datio in solutum shows different solutions in many systems of law, especially in the Brazilian Civil Code. This problem is founded on Roman Law, particularly on texts of Marcianus and Ulpianus. Due to that circumstance, it's necessary to examine the nature of the datio in solutum, because the treatment of the cases of eviction is based on it. Then, after this investigation, the possibilities of the cases of evicted creditor are explained. Finally, the author of the present essay tries to demonstrate which is the best solution to the treatment of this subject.