Princípios Contratuais (Direito Civil) - Resumo Completo

Summary

This video script explores key principles of civil law, focusing on contract law. It covers six important principles: private autonomy, consensualism, the social function of contracts, the binding force of contracts (pacta sunt servanda), good faith, and the relativity of contractual effects. Key concepts include the rights of parties to regulate their own interests, the need for mutual consent in contracts, and how contracts should serve social functions, including protecting collective interests. The script also touches on the modern challenges to these principles, including the role of state intervention and the mitigation of contractual rights.

Takeaways

• 😀 The principle of **Private Autonomy** allows individuals to regulate their own interests in contracts, though it has evolved to **Private Autonomy** due to the prevalence of adhesion contracts and state intervention.
• 😀 **Consensualism** emphasizes that a contract is formed through the mutual consent of the parties, but some contracts still require a formal procedure to be valid.
• 😀 The **Social Function of the Contract** requires contracts to serve not only the interests of the parties involved but also the collective good, with both internal and external effects.
• 😀 **Pacta Sunt Servanda** (Binding Force of Contracts) asserts that contracts are legally binding, but this principle has been mitigated by state intervention in certain cases.
• 😀 **Objective Good Faith** demands that parties act with honesty, transparency, and cooperation throughout the contract, and violating implicit duties under this principle can result in liability.
• 😀 **Relativity of Contractual Effects** generally means that contracts only affect the parties involved, but this has been mitigated by constitutional rights that protect third parties.
• 😀 **Private Autonomy** has shifted from focusing on the will of the parties to acknowledging external influences like adhesion contracts and state regulation.
• 😀 **The principle of Social Function** includes internal effects like protecting vulnerable parties and external effects like safeguarding collective rights and interests.
• 😀 **Good Faith** serves as a guide in interpreting contracts and ensuring fair conduct, with explicit provisions in the Civil Code to protect against abuses.
• 😀 The modern approach to **Obligations** and contracts involves recognizing relationships that extend beyond just the contractual parties, reflecting a broader societal impact in legal principles.

Q & A

What is the principle of Private Autonomy in contract law?

Private Autonomy allows individuals to regulate their own interests in contracts. It includes the freedom to choose with whom to contract (liberdade de contratar) and the freedom to determine the content of the contract (liberdade contratual).

Why has the term 'autonomia da vontade' been replaced by 'autonomia privada'?

The term 'autonomia da vontade' has been replaced by 'autonomia privada' due to the shift from voluntary, equal contracting to a situation dominated by adhesion contracts, where one party often has little input on the contract's content.

What does the principle of Consensualism entail?

Consensualism means that a contract is formed through mutual agreement. The key element for the validity of the contract is the consent of the parties involved, without the need for special formalities, except in specific cases like real estate contracts.

How does the principle of the Social Function of the Contract affect contractual relationships?

The Social Function of the Contract requires that contracts not only serve individual interests but also fulfill collective purposes. It introduces the idea that contracts must be interpreted with the welfare of society in mind.

What are the internal and external effects of the Social Function of the Contract?

Internal effects focus on the relationship between the parties, protecting vulnerable parties and ensuring fairness. External effects concern the broader community, such as protecting collective rights and maintaining external credit.

What is the principle of Pacta Sunt Servanda, and how has it evolved?

Pacta Sunt Servanda asserts that contracts are legally binding and must be honored by the parties. However, it has evolved to allow for state intervention, especially when a contract's terms contradict the social function or harm third parties.

What role does the principle of Objective Good Faith play in contract law?

Objective Good Faith governs the behavior of parties involved in contracts, ensuring transparency, cooperation, and fairness. It includes implicit duties such as honesty, respect, and loyalty, which help maintain the integrity of the contract.

How does the concept of Relativity of Contractual Effects apply in modern contract law?

The principle of Relativity of Contractual Effects traditionally confines the effects of a contract to the parties involved. However, in modern contract law, this principle has been mitigated due to the social function of contracts, extending effects to third parties when necessary.

What does the theory of substantial performance (adimplemento substancial) imply?

The theory of substantial performance allows for the avoidance of contract resolution in cases where the contract has been largely fulfilled (e.g., 80-90% completion), even if minor breaches remain.

What are the key duties involved in Objective Good Faith, and how do they impact contracts?

Key duties under Objective Good Faith include the duty to inform, collaborate, and act transparently. Violating these duties can lead to what is known as 'positive breach' of contract, where a party fails to fulfill an implicit duty, damaging the trust and fairness required in contractual relations.