Convenções de exoneração e limitação da responsabilidade civil em contratos paritários

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The object of the present work is the study of the general characteristics and derived unfoldings of the conventions that, in equal contracts, aim at to move away, it completely or partially, the civil responsibility imposed as a consequence of the inimputable execution of the obligation. As life in society demands the constant revision of production models and circulation of wealth, the discharge conventions or limitation of civil responsibility represent mechanisms offered to the contracting parties to fasten their own criteria in the recondução of the derived patrimonial unbalances of their negotial relationships and conducts. It is important to explain: the efforts are not devoted to the frequent classification of that convention, task that is, in fact, considered unviable for the specialized doctrine because of the width of the offered nomenclature to those dispositives; we also wont discuss the evaluation of the discharge conventions or limitation of the civil responsibility by the comparison with similar institutes, like penal terms. In this work, based in the deductive method, we will draw, in the initial chapters, elementary conceptions for the subsequent development of the theme and focusing on tensions that it provokes among the paradigms of the autonomy of the will, efficiency, moral, public order and justice, larger objective of our efforts

ASSUNTO(S)

contratos -- brasil direito civil responsabilidade (direito) -- brasil

ACESSO AO ARTIGO

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