Análise do conceito de função social do contrato dentro da nova perspectiva dada pela Lei n° 13.874/2019 – Declaração dos Direitos da Liberdade Econômica
The present study consists of the analysis and comments about the principle of the social function of the contract, which was inserted in the Civil Code of 2002 as a general clause, and modified through Law 13.874/2019 - Declaration of Economic Freedom Rights. From the literature review, doctrine...
| Autor principal: | Silva, Susanim Rocha |
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| Grau: | Artigo |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Tocantins
2021
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| Assuntos: | |
| Acesso em linha: |
http://hdl.handle.net/11612/3457 |
| Resumo: |
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The present study consists of the analysis and comments about the principle of the social function
of the contract, which was inserted in the Civil Code of 2002 as a general clause, and modified
through Law 13.874/2019 - Declaration of Economic Freedom Rights. From the literature review,
doctrine and jurisprudence, positive and negative aspects of the legislative innovation will be
exposed, resorting to the counter evidence in the Principles of Contract Law and the Economic
Analysis of Law. At the end, a reflection of the possible effects on the legal relations
contemplated in the field of social contracts is proposed, as well as the analysis of the validity
requirements of the creation and application of Law No. 13,874/2019 within the legal system. |