Solve et repete clauses: perspectives of operation of private autonomy in the (de)limitation of exceptions opposed by the debtor

Abstract

 The central scope of the present study is to inquire possible parameters for the validity of solve et repete clauses in the Brazilian legal system. It is a legal instrument whereby contractors stipulate that the debtor cannot object to certain exceptions in the face of claims made by the creditor. Some aspects of the development given by foreign experience to the subject are also explored, as well as particularly sensitive points regarding the admissibility of the solve et repete clauses, such as the provisions that exclude the enforceability of exceptions relating to invalidity.