Cláusulas contratuais gerais nos contratos de telecomunicações

• Autor(a) principal: Lemos, Raquel Andreatta
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19857
• topic: Direito

This work has as object the analysis of clauses that integrate telecommunications contracts in the light of Decree-Law nº 446/85, which has as main objective the protection of the stick in the pre-made content contracts without negotiation, three ways: control of inclusion, content control and process control. At first, will address the most relevant general aspects of general contract terms, as the difference in terminology with respect to membership contracts, the implementation of acts of Directive 93/13/ECC which resulted in an extension of scope of the Portuguese diploma General contractual Clauses, and the relationship of the law with the principle of contractual freedom. Then will treat the issue involving the inclusion control in telecommunications contracts, concerning the connection requirements, communication and information that need to be overcome so that a general contract term is not considered void, producing its effects. Finally, a related approach with content control of telecommunications contracts will be carried out, considering also the specific rules of the Electronic Communications Act in its latest version. On this track, treat yourself will the concept of good faith, a general principle of Decree-Law nº 446/85, as well as aspects of black and gray lists, which are considered unfair, but still appear in contracts analysis, which will demonstrate, the final conclusion, the numerous irregularities that are still present in the telecommunications contracts.