Atlas · Governance
The law allows settlement only for private patrimonial rights
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Objeto da transação | Requisito legal | Consequência | Fonte | Data do dado |
|---|---|---|---|---|
| Direitos patrimoniais de caráter privado | Apenas sobre essa classe de direitos | Permite-se aos interessados prevenirem ou terminarem o litígio mediante concessões mútuas | Lei 10.406/2002, arts. 840 e 841 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Planalto, in Portuguese): art. 841 establishes that settlement is permitted only concerning private patrimonial rights, while art. 840 provides that the parties may prevent or terminate litigation through mutual concessions, as provided in Law 10.406 of 10 January 2002.
How it applies
Settlement is the means by which the parties can prevent or end a litigation through mutual concessions. However, the application of this institute is strictly limited to patrimonial rights of a private nature, not covering rights of other kinds.
According to article 842 of Law 10.406/2002, the settlement shall be made by public deed for obligations where the law requires it, or by private instrument where it is permitted; if it concerns rights contested in court, it shall be executed by public deed or by a term in the case file, signed by the transacting parties and homologated by the judge.
Furthermore, article 843 stipulates that the settlement is to be interpreted restrictively, and it does not transfer rights; it merely declares or acknowledges rights between the parties involved in the litigated matter.
Limits
- The sheet deals solely with the legal restriction expressed in the Civil Code regarding the type of right admitted to settlement.
- The version consulted is the one published by Planalto; any later amendments should be checked at the source.