Trabalho de Conclusão de Curso de Especialização
Princípios sociais dos contratos: função social e boa-fé objetiva
Fecha
2006-11-24Autor
Rocha, Denise Rosa da
Institución
Resumen
The present study it had as objective to briefly analyze the occured
changes in the Civil law, stimulated for the phenomenon of the constitutional
influence, which became necessary the new reading of the contractual right. The
autonomy of the will, more is not had as north central principle of the contract, as it
was in the Liberal State. With the birth of the Social State, fruit of great
transformations ideological politics and, the social interests start to have a bigger
relevance, leaving the contract of being a mere instrument of individual
accomplishment of the contractors. The contract adopts a social function, that
privileges the protection of the social values in relation to the mere patrimonial
interests. Complementing this new optics, the principle of the objective good-faith
was rank as one of the fundamental norms, reflecting a true socialization of the
contractual, decurrent theory of the occured social changes, materialize the duties of
equality and dignity constitutionally tutored people. To reach the considered
objective, the dialectic method of boarding as well as the research method was used
description-phenomena. It measures this, the research technique was eminently bibliographical.