Análise da possibilidade de aplicação dos artigos 157 e 478 do Código Civil e das Normas do Código de Defesa do Consumidor aos contratos interempresariais

• Autor(a) principal: Duarte, Priscila dos Santos
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6019
• topic: Contratos interempresariais; Onerosidade excessiva; Código de defesa do consumidor

ABSTRACT OBJECTIVE: To analyze the possibility of applying Articles 157 and 478 of the Civil Code and the norms of the Defense Code Consumer to intercompany contracts. METHOD: For development it was a qualitative approach directed to the objective character of the analyzed question with exploratory research. Data collection was a bibliographical and documentary research aimed at identifying and classifying intercompany contracts, and delimiting principles. RESULTS: the study reached its objective showing that the contract signed between companies can be solved by the court through application of the institute of excessive onerosity based on theory of the unforeseen, Civil Code (art 478); however, there is no possibility of admitting the institute of the injury, provided for in Article 157, to these contracts, since the professionalism with which the entrepreneurs must exercise their activity does not give rise to allegations of inexperience. Already, in relation to the application of the CDC rules, there is divergence doctrine jurisprudence. CONCLUSION: It is confirmed the hypothesis of this work that there are doctrinal and jurisprudential divergences regarding the application of Articles 157 and 478 of the Civil Code and the norms of the Code of Consumer Protection to the contract signed between companies.