A quebra da base objetiva dos contratos / The collapse in the objective basis of contracts
AUTOR(ES)
Luis Gustavo de Paiva Leão
DATA DE PUBLICAÇÃO
2010
RESUMO
Through a brief analysis of the historical origins of the contract, taking into account as party settlements with the State endorsement, observed in its practical applications, we intend to analyze the collapse in the objective basis of contracts, verifying the consequence of such breakaway, both in the jurisprudence as in the social relations involved, and as the interpretative possibilites of such issue. The relevance of the subject is shown by itself, once the contemporary society is contractarian in almost all respects, and the non compliance of the contractual terms is a result of numerous disorders that cause impact on the harmony of social life in all spheres: familiar level up to the governmental. Themes such as autonomy and contractual liberty come up against issues that need ethical-political reviews. As the main objective remains the characterization of how, when and under what circumstances it is possible to affirm that there was a collapse in the objective basis of the contract, and diagnosed such collapse, how to proceed in such situation: there will be a possibility of establishing a new agreement or just be left to setting penalties and compensations. The secondary objectives point to the identification of direct and indirect effects regarding the situation, and in the action of laws to this type of occurrence. The method that will be used is the deductive method in order to develop the research, being the review of literature on the theme the basic source to enrich discussions in the invitation to authors that have already leaned on the theme in books, articles, theses and further dissertations
ASSUNTO(S)
contract contrato quebra de contrato base objetiva ações conciliatórias direito civil contract breach objective basis conciliatory actions
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