Clausúlas abusivas nos contratos de consumo

• Autor(a) principal: El Ossais, Jean Boenen
• 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/34436
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Contratos de adesão; Cláusulas abusivas; Relação jurídica de consumo; Proteção do direito do consumidor como direito fundamental; Adhesion contracts; Unfair terms; Legal relationship of consumption; Protection of consumer rights as a fundamental right

The theme of this work deals with the unfair terms in Consumer Contracts. We can say that divided this work into three parts. We refer in Part I of this work, the historical part of the contract, the emergence of mass contracts, their principles, the concept of standard contracts and the concept of unfair terms (which unbalance the contractual relationship, hurting the weakest part and vulnerable in the contractual relationship, the consumer) and also on consumer protection as a fundamental right. In Part II, we carry on about all the unfair terms listed in art. 51 CDC and quoted an example of jurisprudence in each chapter of the exemplary role of that article. In Part III, the end of the article in "Das Final Thoughts", we refer to the subsidiary application of Civil Code of 2002, as well as differences in principles of the CRC and 2002 CC in the regulation of unfair terms. Here, also commented above on the dialogue between the DC 2002 and the CDC and briefly a few points in common CDC and CC 2002, and the differences in them. These are points that we could not fail to mention them, since both codes are entered on the same system. Finally, we conclude that the principles are designed to ensure consumers their basic needs provided for in the Federal Constitution and the Consumer Protection Code, that is, respect for their dignity, health, safety and its economic interests, in order to improve the quality life