Price Fixing in Rural Rentals: Agricultural Product or Currency

Abstract

Introduction: The possibility or not of setting the price of rural rentals in agricultural products, a practice prohibited, a priori, by Federal Decree No. 59,566/66, which regulated the Land Statute (Law No. 4,504/64).   Contextualization/Concept: There is jurisprudential divergence regarding the nullity of the contractual clause that defines the rental price for a certain quantity of fruits or agricultural products; others, however, advocate that this form of price adjustment is perfectly valid, due to usage and customs in the agricultural environment and, also, from the perspective of objective good faith.   Objective: Analyze agrarian legislation in light of the principle of Good Faith.   Methodology: This scientific research, qualitative in nature, based on a bibliographic review (secondary sources), suggests a solution to the impasse.   Conclusion: Among the results, the importance of applying customs and practices and objective good faith to agrarian contracts is emphasized, providing support for consolidating understanding within the scope of national courts.