ANALYSIS OF THE APPLICABILITY OF THE THEORY OF UNPREDICTION IN BUSINESS CONTRACTS FRONT THE COVID-19 PANDEMIC

Abstract

The main focus of this article is to address the Theory of Imprevision and the possibility of being applied to business contracts that have become economically unbalanced for one of the parties with the Covid-19 pandemic as the triggering event of contractual imbalance. The general objective is to analyze how the jurisprudence deals with the possibility of applying the theory of unpredictability in business contracts in the face of the economic imbalance caused by the Covid-19 pandemic. To this end, it has specifically aimed to: conceptualize the entrepreneur and the business contract, analyze the impact of the pandemic on business activity and to analyze through jurisprudence the possibility of applying the theory of unpredictability in business contracts in the face of the economic imbalance caused by the Covid-19 pandemic.. Addressing the is justified by its relevance as a potential instrument capable of solving a huge problem of contractual unbalance in which businessmen are living in the face of the current scenario. The present study consists of exploratory research with results treated qualitatively, based on the collection of information from secondary sources. With the survey of information throughout the research and the analysis of the information, it was possible to conclude that the jurisprudence understands that the application of the theory of unpredictability is possible, having the Covid-19 pandemic as the generating fact of the economic imbalance in the business contract, provided that the requirements of the law are followed and each concrete case must be analyzed taking into account the risks of business activity so that the theory is not trivialized and negatively affecting the country’s economy.