inexigibilidade

Inexigibilidade refers to a legal principle in Portuguese law and other civil law jurisdictions, primarily concerning the validity of contracts and legal obligations. The concept originates from the idea that certain conditions or clauses in a contract may be so unreasonable or disproportionate that they render the agreement void or unenforceable. The term is derived from the Latin *inexigibilis*, meaning "not capable of being demanded" or "unreasonable."

In Portuguese civil law, particularly under the Civil Code (Código Civil, approved in 1966), inexigibilidade often arises in contexts where a contractual term violates fundamental principles of fairness, equity, or public order. For example, clauses that impose excessively harsh penalties, known as *cláusulas abusivas* (abusive clauses), may be deemed inexigíveis if they disproportionately favor one party at the expense of another. Courts may intervene to nullify such terms if they are deemed against good faith (*bona fides*) or contrary to the protection of weaker parties in transactions.

The principle also applies in broader legal contexts, such as administrative law, where public authorities may refuse to enforce obligations deemed unreasonable or impractical. For instance, a contractual demand from a government entity that imposes an onerous or impossible burden on a private party might be challenged on grounds of inexigibilidade. Similarly, in labor law, certain employment terms that violate workers' fundamental rights may be struck down as unenforceable.

Inexigibilidade is closely related to other legal doctrines such as *abuso de direito* (abuse of right) and *onerosidade excessiva* (excessive onerousness), which address situations where one party exploits a contractual imbalance or renders performance unduly burdensome. Courts typically assess these cases on a case-by-case basis, considering factors such as the parties' bargaining power, the nature of the transaction, and broader legal protections. The goal is to maintain contractual validity while preventing undue hardship or injustice.