Corporate law and the New Brazilian Cicil Code

• Autor(a) principal: Sica, Ligia Paula Pires Pinto
• Data de Publicação: 2008
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/35172
• topic: UNIFICATION; INTERPRETATION; GOOD FAITH; GENERAL CLAUSE; JURISPRUDENCE; UNIFICAÇÃO; INTERPRETAÇÃO; BOA-FÉ; CLÁUSULA GERAL; JURISPRUDÊNCIA

IN REGARD OF THE ENACTMENT OF THE NEW BRAZILIAN CIVIL CODE, THAT UNIFIES THE ISSUES TREATED IN THE OLD CIVIL CODE FROM 1916 AND ON THE MAJORITY OF THE CHAPTERS OF THE COMMERCIAL CODE FROM 1850, IT’S IMPORTANT TO INSIST THAT THE DIFFERENCES BETWEEN THE CIVIL AND COMMERCIAL LAW REMAINS, ACCORDING TO THEIR PECULIAR LOGICS. AS IT IS, AND AS THE NEW CODE BROUGHT SEVERAL RULES OF GENERAL CHARACTER, THIS PAPER INTENDS TO DISCUSS THE ROLE OF THE JUDGE AND JURISPRUDENCE IN THE CIVIL LAW SYSTEM, BY INTERPRETATING THOSE RULES IN A CASUISTIC MANNER, GIVING THEM DIFFERENT TREATMENTS, ACCORDING TO THE PRESENTED FACTS DURING LITIGATION, IN A WAY TO MAINTAIN THE AUTONOMY OF THE LAW AREAS MENTIONED ABOVE AND GUARANTEE TO THE ECONOMIC AGENTS THE LEVEL OF CERTAINTY AND PREVISIBILITY, NEEDED TO EXERCISE THEIR ACTIVITIES IN THE MARKET.