O abuso e o novo direito civil brasileiro
Autor(a) principal: | |
---|---|
Data de Publicação: | 2005 |
Tipo de documento: | Tese |
Idioma: | por |
Título da fonte: | Biblioteca Digital de Teses e Dissertações da PUC_SP |
Texto Completo: | https://tede2.pucsp.br/handle/handle/6079 |
Resumo: | The abuse of process is a theme of great repercussion in the range of the national civil responsibility, either in the contractual or extra contractual area or Aquilian. The present thesis defends its relevant application in uncountable hypotheses, mainly after the edition of the current 2002 Civil Code that predicted it expressly on Art.187, in the following terms: Also commits an illicit act, the owner of a right that exerting it, exceeds manifestly the limits set by its economical or social purpose, by its good will or by its good customs This research makes a historic introduction to the subject and points the institute in the compared Law. It studies the abuse of process in its nature defending its occurrence even when there is no fault from the author of abusive behavior. It analyses related institutes, properly discriminated, its similar point and differences, together with concrete cases notes decided in Brazil and abroad, and following analysis of the solutions adopted. In philosophical terms, we looked forward to defend that the abuse of process is incompatible with positivist doctrines, still existing necessity of ideological analysis and value of the agent s behavior and its consequences to identify it. We noted as well the correlation between the abuse of process and several constitutional principles that expand in the range of private rights and have concrete application on it. Political questions were analyzed connected to this institute and its relation to the free choice to contract and the autonomy of the will typical of individualist doctrines from which the current Code got apart, substituting them by doctrines that value the collective interest, the social solidarity and the human dignity. The conclusions taken along this research, highlight the necessity of Judiciary intervention into the contracts and social relationships as a form of attenuate the differences between the parts and put them again into equilibrium, avoiding or reducing the damages caused to the abuse victim. Along this research, essential aspect was the demonstration that the process abuse is an illicit act, that can be characterized independently from the abuser s intentions of causing or not damage to the victim, or even with no fault in his behavior. The conclusions, in a number of 56 were general and tried to follow the order of the themes approached, at least as a rule |
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Nery, Rosa Maria de AndradeLevada, Cláudio Antônio Soares2016-04-26T20:21:30Z2005-10-272005-10-27Levada, Cláudio Antônio Soares. Abuse of Process in the New Brazilian Civil Code. 2005. 208 f. Tese (Doutorado em Direito) - Pontifícia Universidade Católica de São Paulo, São Paulo, 2005.https://tede2.pucsp.br/handle/handle/6079The abuse of process is a theme of great repercussion in the range of the national civil responsibility, either in the contractual or extra contractual area or Aquilian. The present thesis defends its relevant application in uncountable hypotheses, mainly after the edition of the current 2002 Civil Code that predicted it expressly on Art.187, in the following terms: Also commits an illicit act, the owner of a right that exerting it, exceeds manifestly the limits set by its economical or social purpose, by its good will or by its good customs This research makes a historic introduction to the subject and points the institute in the compared Law. It studies the abuse of process in its nature defending its occurrence even when there is no fault from the author of abusive behavior. It analyses related institutes, properly discriminated, its similar point and differences, together with concrete cases notes decided in Brazil and abroad, and following analysis of the solutions adopted. In philosophical terms, we looked forward to defend that the abuse of process is incompatible with positivist doctrines, still existing necessity of ideological analysis and value of the agent s behavior and its consequences to identify it. We noted as well the correlation between the abuse of process and several constitutional principles that expand in the range of private rights and have concrete application on it. Political questions were analyzed connected to this institute and its relation to the free choice to contract and the autonomy of the will typical of individualist doctrines from which the current Code got apart, substituting them by doctrines that value the collective interest, the social solidarity and the human dignity. The conclusions taken along this research, highlight the necessity of Judiciary intervention into the contracts and social relationships as a form of attenuate the differences between the parts and put them again into equilibrium, avoiding or reducing the damages caused to the abuse victim. Along this research, essential aspect was the demonstration that the process abuse is an illicit act, that can be characterized independently from the abuser s intentions of causing or not damage to the victim, or even with no fault in his behavior. The conclusions, in a number of 56 were general and tried to follow the order of the themes approached, at least as a ruleThe abuse of process is a theme of great repercussion in the range of the national civil responsibility, either in the contractual or extra contractual area or Aquilian. The present thesis defends its relevant application in uncountable hypotheses, mainly after the edition of the current 2002 Civil Code that predicted it expressly on Art.187, in the following terms: Also commits an illicit act, the owner of a right that exerting it, exceeds manifestly the limits set by its economical or social purpose, by its good will or by its good customs This research makes a historic introduction to the subject and points the institute in the compared Law. It studies the abuse of process in its nature defending its occurrence even when there is no fault from the author of abusive behavior. It analyses related institutes, properly discriminated, its similar point and differences, together with concrete cases notes decided in Brazil and abroad, and following analysis of the solutions adopted. In philosophical terms, we looked forward to defend that the abuse of process is incompatible with positivist doctrines, still existing necessity of ideological analysis and value of the agent s behavior and its consequences to identify it. We noted as well the correlation between the abuse of process and several constitutional principles that expand in the range of private rights and have concrete application on it. Political questions were analyzed connected to this institute and its relation to the free choice to contract and the autonomy of the will typical of individualist doctrines from which the current Code got apart, substituting them by doctrines that value the collective interest, the social solidarity and the human dignity. The conclusions taken along this research, highlight the necessity of Judiciary intervention into the contracts and social relationships as a form of attenuate the differences between the parts and put them again into equilibrium, avoiding or reducing the damages caused to the abuse victim. Along this research, essential aspect was the demonstration that the process abuse is an illicit act, that can be characterized independently from the abuser s intentions of causing or not damage to the victim, or even with no fault in his behaviorapplication/pdfhttp://tede2.pucsp.br/tede/retrieve/15107/ClaudioLevada.pdf.jpgporPontifícia Universidade Católica de São PauloPrograma de Estudos Pós-Graduados em DireitoPUC-SPBRFaculdade de Direitoabusoboa fé objetivaequilíbrio contratuaDireito civil - BrasilAbuso de direitosAbusegood faithcontractCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVILO abuso e o novo direito civil brasileiroAbuse of Process in the New Brazilian Civil Codeinfo:eu-repo/semantics/publishedVersioninfo:eu-repo/semantics/doctoralThesisinfo:eu-repo/semantics/openAccessreponame:Biblioteca Digital de Teses e Dissertações da PUC_SPinstname:Pontifícia Universidade Católica de São Paulo (PUC-SP)instacron:PUC_SPTEXTClaudioLevada.pdf.txtClaudioLevada.pdf.txtExtracted texttext/plain408822https://repositorio.pucsp.br/xmlui/bitstream/handle/6079/3/ClaudioLevada.pdf.txt5e8bf6a255d792f43b45853d158c43dcMD53ORIGINALClaudioLevada.pdfapplication/pdf1208764https://repositorio.pucsp.br/xmlui/bitstream/handle/6079/1/ClaudioLevada.pdfe794b01a8d7d1dec6fba8d0dda6a3043MD51THUMBNAILClaudioLevada.pdf.jpgClaudioLevada.pdf.jpgGenerated Thumbnailimage/jpeg1943https://repositorio.pucsp.br/xmlui/bitstream/handle/6079/2/ClaudioLevada.pdf.jpgcc73c4c239a4c332d642ba1e7c7a9fb2MD52handle/60792022-08-22 18:11:47.453oai:repositorio.pucsp.br:handle/6079Biblioteca Digital de Teses e Dissertaçõeshttps://sapientia.pucsp.br/https://sapientia.pucsp.br/oai/requestbngkatende@pucsp.br||rapassi@pucsp.bropendoar:2022-08-22T21:11:47Biblioteca Digital de Teses e Dissertações da PUC_SP - Pontifícia Universidade Católica de São Paulo (PUC-SP)false |
dc.title.por.fl_str_mv |
O abuso e o novo direito civil brasileiro |
dc.title.alternative.eng.fl_str_mv |
Abuse of Process in the New Brazilian Civil Code |
title |
O abuso e o novo direito civil brasileiro |
spellingShingle |
O abuso e o novo direito civil brasileiro Levada, Cláudio Antônio Soares abuso boa fé objetiva equilíbrio contratua Direito civil - Brasil Abuso de direitos Abuse good faith contract CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL |
title_short |
O abuso e o novo direito civil brasileiro |
title_full |
O abuso e o novo direito civil brasileiro |
title_fullStr |
O abuso e o novo direito civil brasileiro |
title_full_unstemmed |
O abuso e o novo direito civil brasileiro |
title_sort |
O abuso e o novo direito civil brasileiro |
author |
Levada, Cláudio Antônio Soares |
author_facet |
Levada, Cláudio Antônio Soares |
author_role |
author |
dc.contributor.advisor1.fl_str_mv |
Nery, Rosa Maria de Andrade |
dc.contributor.author.fl_str_mv |
Levada, Cláudio Antônio Soares |
contributor_str_mv |
Nery, Rosa Maria de Andrade |
dc.subject.por.fl_str_mv |
abuso boa fé objetiva equilíbrio contratua Direito civil - Brasil Abuso de direitos |
topic |
abuso boa fé objetiva equilíbrio contratua Direito civil - Brasil Abuso de direitos Abuse good faith contract CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL |
dc.subject.eng.fl_str_mv |
Abuse good faith contract |
dc.subject.cnpq.fl_str_mv |
CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL |
description |
The abuse of process is a theme of great repercussion in the range of the national civil responsibility, either in the contractual or extra contractual area or Aquilian. The present thesis defends its relevant application in uncountable hypotheses, mainly after the edition of the current 2002 Civil Code that predicted it expressly on Art.187, in the following terms: Also commits an illicit act, the owner of a right that exerting it, exceeds manifestly the limits set by its economical or social purpose, by its good will or by its good customs This research makes a historic introduction to the subject and points the institute in the compared Law. It studies the abuse of process in its nature defending its occurrence even when there is no fault from the author of abusive behavior. It analyses related institutes, properly discriminated, its similar point and differences, together with concrete cases notes decided in Brazil and abroad, and following analysis of the solutions adopted. In philosophical terms, we looked forward to defend that the abuse of process is incompatible with positivist doctrines, still existing necessity of ideological analysis and value of the agent s behavior and its consequences to identify it. We noted as well the correlation between the abuse of process and several constitutional principles that expand in the range of private rights and have concrete application on it. Political questions were analyzed connected to this institute and its relation to the free choice to contract and the autonomy of the will typical of individualist doctrines from which the current Code got apart, substituting them by doctrines that value the collective interest, the social solidarity and the human dignity. The conclusions taken along this research, highlight the necessity of Judiciary intervention into the contracts and social relationships as a form of attenuate the differences between the parts and put them again into equilibrium, avoiding or reducing the damages caused to the abuse victim. Along this research, essential aspect was the demonstration that the process abuse is an illicit act, that can be characterized independently from the abuser s intentions of causing or not damage to the victim, or even with no fault in his behavior. The conclusions, in a number of 56 were general and tried to follow the order of the themes approached, at least as a rule |
publishDate |
2005 |
dc.date.available.fl_str_mv |
2005-10-27 |
dc.date.issued.fl_str_mv |
2005-10-27 |
dc.date.accessioned.fl_str_mv |
2016-04-26T20:21:30Z |
dc.type.status.fl_str_mv |
info:eu-repo/semantics/publishedVersion |
dc.type.driver.fl_str_mv |
info:eu-repo/semantics/doctoralThesis |
format |
doctoralThesis |
status_str |
publishedVersion |
dc.identifier.citation.fl_str_mv |
Levada, Cláudio Antônio Soares. Abuse of Process in the New Brazilian Civil Code. 2005. 208 f. Tese (Doutorado em Direito) - Pontifícia Universidade Católica de São Paulo, São Paulo, 2005. |
dc.identifier.uri.fl_str_mv |
https://tede2.pucsp.br/handle/handle/6079 |
identifier_str_mv |
Levada, Cláudio Antônio Soares. Abuse of Process in the New Brazilian Civil Code. 2005. 208 f. Tese (Doutorado em Direito) - Pontifícia Universidade Católica de São Paulo, São Paulo, 2005. |
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https://tede2.pucsp.br/handle/handle/6079 |
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Pontifícia Universidade Católica de São Paulo |
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PUC-SP |
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BR |
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Faculdade de Direito |
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Pontifícia Universidade Católica de São Paulo |
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