Responsabilidade civil de terceiro por lessão a situação jurídica contratual

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

ABSTRACT The importance of a contract, and its following effects, is excelled in a contemporary, post-modern or information-based society, while based on a socio-juridical context. This holds the need to redefine the traditional borderline between obligation and property law, as well as in between contractual and tort law. Keeping in this perspective, as part of a juridical matter, our study is centered on the opposition of contract to third parties, by means of scientifically oriented paradigms in which the law imposes liability to remedy wrongful violations of recognized interests. For this purpose, our investigation was based on the analysis of the active contract notion, which started from the approach of both solidarity and economic values, in order to define the present meaning of principles regarding the privaty of contract, as well as the comprehension between parties and third parties in the context of the contract, the role of liability, and also, the dogmatic understanding of recognized interests. Lastly, we outlined the general aspects of conjectures to be observed, in order to ensure liability to the third party, for any loss regarding the juridical aspects of a contract, involving contracts parties.

ASSUNTO(S)

tutela externa contratos responsabilidade civil direito civil contract liability contrato responsabilidade (direito)

ACESSO AO ARTIGO

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