Cláusulas de exoneração e limitação de responsabilidade

• Autor(a) principal: Megalomatidis, Alexis Simão
• Data de Publicação: 2015
• 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/33757
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Responsabilidade; Civil; Cláusulas; Exoneração; Limitação; Responsibility; Civil; Clauses; Exoneration; Limitation

This study begins with the analysis of liability under a conceptual view, factor that allows the transition to a deepening of its legal nature, the distinction of legal institutions and of other species such as the contractual and tort liability, which cannot be mistaken, because they have different obligations generating bases, in the same way that the subjective liability differs from the objective one, due to the need or not of certain elements. These elements were identified and studied in its conceptual dimensions, bringing its importance and consequence to the field of responsibility. Then, based on the factors stated in a preparatory way, it started exploring the contract as legal institute, its definition and, more specifically, its default and the consequences of this act, a situation which, as demonstrated in this paper, has been mitigated by clauses that tend to exonerate or to limit liabilities, which were outlined in its theoretical aspect, also presenting unbridgeable legal obstacles for these clauses, what, if not avoided, may result in the cancellation or revocation of the those contractual provisions