Responsabilidade civil objetiva e teoria do risco na lei 10.406 de 10 de janeiro de 2002

AUTOR(ES)

Fernando Pires Martins Cardoso

DATA DE PUBLICAÇÃO

2003

RESUMO

The present work reviews the evolution of civil liability for wrongful acts from the beginning of human society until today, in an attempt to justify the treatment given to this theme by the New Brazilian Civil Code (Law 10.406, from January, 10th,2002), as well as by contemporary scholarly thought. To properly understand civil objective liability, as defined in New Brazilian Civil Code, one should first analyze the notion of fault and the diminution of its importance, as well as the origin, and incorporation into current law, ofthe risk theory. With that in mind, the study considers the relevant elements ofFrench law, including as they were subsequently influenced by the industrial revolution, considering, in particular, the flourishing bias that emerged in favor of the victims of any kind of damages. Based on these premises, the Brazilian Law was analyzed, undertaking to harmonize both the current statutes, justifying the options chosen by legislators, and contemporary legal doctrine as well as considering relevant criticisms of some positions taken in law and theory. Finally, with this background, the Universal Human Rights Declaration as well as related principIes derived from the post - Second World War period, are discussed. Certain principles articulated during that period, such as human dignity and distributive justice, were reflected in various legal I systems and have had a direct influence on the constitutions and statutes of our time. With this methodology, the study attempted to explain the options chosen by current legislators, who harmonized new and old concepts about the origin of civilliability for wrongful acts, adapting them not only to objective but also to subjective standards, making it possible for these concepts to workin a system of checks and balances

ASSUNTO(S)

direito responsabilidade (direito) direito civil responsabilidade civil

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