A natureza social do contrato: sua efetividade como imperativo da cidadania

• Autor(a) principal: Casali, Éllen Cássia Giacomini
• Data de Publicação: 2006
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23983
• topic: contrato; função social; princípio; contract; social function; principle; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The sociability of the contract, being acknowledged as the noblest pattern of the Private Law, is the most important innovation brought up by the current Civil Code. That is why the contract, basis of the society, is the instrument which regulates the human relationship in several dimensions being in harmony with those relations, making citizens respect each other and setting up limits between the right and the duty. The purpose of the current work is to build a doctrinal interpretation of the pattern of the 421 article of the Civil Law that guarantees the application of some protection mechanisms of the social concerns found in the contracts with no fragility of the protection of the established juridical relations. Researching the evolution of the Contractual Law and its principles, contemplated in a new paradigm, carrying out a survey of that issue in the foreign law and the principle of the social function of the property, it is revealed the sociability of the contract, finding developed and established interpretations by renowned authors of the juridical, philosophical and sociological literature. It is concluded under some notes that the social function of the contract is the recognition, even late, of the inherent essential function of the contract, for the contract is set up to make man able whenever necessary to make up for his natural and individual deficiency, as a vehicle that rules the social and human life.