Principio da boa-fé nos contratos de corretagem no Brasil

• Autor(a) principal: Rodrigues, Patricia
• Data de Publicação: 2014
• 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/35294
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Princípio da boa-fé; Boa-fé objetiva e subjetiva; Contratos de corretagem-boa-fé; Principle of good faith; Good faith objective and subjective; Contracts brokerage-good faith

The aim of this study is to analyze the importance of the principle of good faith as one of the basic provided in the Civil Code in brokerage contracts in Brazil. The methodology used was obtained through literature by looking at different materials published in books, magazines and Internet. The objective good faith was one of the innovations introduced by the new Civil Code, a joint analysis of 422 articles, combined with Article 113, and Article 187 Already Articles 722-729, updated in 2010, specify the duties of broker and ensure their rights to compensation, even without employment relationship with the client. The principles of probity and good faith are under the very essence of human society, as oversee all relations arising from social contact with the basilar own human dignity under which lurks around the paternal law principle. The principle of objective good faith in brokerage contracts have support on issues of work done by the broker to fulfill all necessary requirements at the close of business should be guided and led to the observation of this principle, under penalty of accountability that we adopted behavior detrimental to the other party, frustrating or lowering your expectations. There is no denying the importance of the principle of good faith within the relations of society by demonstrating that the duty of loyalty and honesty must be observed in human relations, and especially in the formation of contracts, it is the kind that is, that because the making a contract presupposes trust between the parties, for without it, there would be a consolidation of dealings. The great importance that the issue is at the present scenario is that established the focus of this study, and to the extent that the new code displays a new reality for the realtor assigning them new responsibilities, requiring a professional ethical stance, diligent and prudent regulation of the brokerage contract, will help to reduce the social impacts by protecting third parties