Os contratos civis de adesão e a revisão judicial

• Autor(a) principal: Siqueira, Priscila Assunção de
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35364
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Contratos de adesão; Revisão judicial; Revisão contratual; Adhesion contracts; Judicial review; Contract review

The study aimed to examine the possibility of judicial review of adhesion contracts, especially those performed between parties apparently in equilibrium, ie, contracts that are entered into in civil relations, but it has a weak party. Therefore, it was necessary to rescue formation concepts and validity requirements contract, as well as the principles which contracts must be submitted. From the understanding of the principles that can guide the question of judicial review of the contracts, considering also the differences between the contractual legal systems consumerist and civil were addressed theories that are used to justify this revision as well as the conditions to invoke the cited principles in a contract whose terms were fully accepted by the parties. When it is a contract of adhesion, then arises questions about the validity of their mandatory, being necessary to establish, first of all, an understanding about how they arise and form. It were approached, finally, contracts for membership in civil relations and especially the assumptions and rationale for the possibility of judicial review for such bound contracts in this context