Shopping center: estrutura, remuneração e proteção ao fundo de empresa

• Autor(a) principal: Barbaresco, Marcelo
• Data de Publicação: 2021
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/25739
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Shopping center; Administração única e centralizada; Estabelecimentos de empresas; Shopping Mall; Single and centralized management; Business establishments

The World-Wide Web brought facilities for dealing with corporate transactions. Consequently, bringing changes to the daily life of legal businesses that used to develop their activities through physical establishments. Among these, it is possible to set the businesses under the shopping mall regime, whose impact consists, in particular, in the conformation of the calculation basis of the so-called percentage remuneration. In this sense, the study is conducted through the evaluation of doctrinal elements and legislation, by the hypotheticaldeductive method, being divided into four interrelated parts. It starts, therefore, by the characterization of the legal transaction; then it addresses the contractual provisions customarily used, notably those related to the form of the remuneration and develops, comparatively, the conceptual bases of the company, physical and virtual establishments and goodwill and, consequently, conforms the answer on the impossibility of an owner of an establishment under a shopping mall regime may use that specific physical establishment to deliver, sell or otherwise disclose products or services through e-commerce. And so it concludes, thus, in view of the characteristics of the legal transaction in a shopping mall regime, that the e-commerce activity represents the practice of an infraction on account of its characterization as an unfair competition insofar as there is a collision of rights between those owners