AULA 4 - PRINCÍPIOS FUNDAMENTAIS DO DIREITO CONTRATUAL

Summary

This video delves into fundamental principles of contract law, focusing on the autonomy of will, the supremacy of public order, consensualism, and the relativity of contract effects. It explains how contracts, formed through mutual consent, are legally binding, but also subject to public interests and certain limitations. The speaker highlights the importance of good faith and discusses how contracts can be revised due to unforeseen circumstances, such as economic changes or emergencies like the COVID-19 pandemic. The lecture also covers legal jargon and expressions like 'pacta sunt servanda' and 'rebus sic stantibus,' key for understanding contract obligations and their revisions.

Takeaways

• 😀 The concept of contract law is based on the principle of autonomy of will, where individuals are free to form contracts, provided they do not infringe on public interest or violate certain legal restrictions.
• 😀 Public authorities can limit individual freedom to contract for the public good, such as mandatory services like sewage and public lighting, which individuals cannot opt-out of.
• 😀 The principle of autonomy of will allows individuals to choose who they contract with, but sometimes, due to limited service providers in certain areas (e.g., mobile networks), people may have no choice.
• 😀 The principle of public order supremacy ensures that contractual freedom cannot override the greater good of society. Contracts must not harm public interest.
• 😀 The consensualism principle states that contracts are formed when there is mutual consent between the parties. As a rule, contracts are not bound to any particular formal requirements unless specified by law.
• 😀 Contracts only create binding effects between the parties involved, and are not enforceable on third parties (principle of relativity of contract effects).
• 😀 Once a contract is formed, it is mandatory for the parties to honor it (pacta sunt servanda). Failure to comply with the contract can result in penalties such as fines, damages, or interest.
• 😀 The principle of contract revision allows for changes to a contract if there is excessive burden on one of the parties, based on unforeseen events. However, this is more restrictive in the Civil Code compared to the Consumer Protection Code.
• 😀 Rebus sic stantibus is a legal concept that implies contracts remain binding unless unforeseen and extraordinary events change the circumstances to such an extent that one party cannot fulfill their obligations.
• 😀 The principle of good faith in contracts requires honesty, transparency, and fairness in negotiations and performance. There are two types of good faith: subjective (personal intention) and objective (standardized behavior expected by law).

Q & A

What is the principle of 'autonomy of will' in contract law?

The principle of 'autonomy of will' emphasizes that individuals have the freedom to form contracts based on their own voluntary and independent choices. However, this autonomy is not absolute and can be restricted by public interest or legal obligations, such as mandatory contracts with utility providers.

How does public interest affect the principle of 'autonomy of will'?

While individuals have the freedom to contract based on their will, public interest can sometimes override personal choices. For example, legal requirements may force individuals to enter into contracts with specific service providers, like waste management or public lighting, even if they prefer not to.

What does the principle of 'supremacy of public order' in contract law entail?

The principle of 'supremacy of public order' dictates that when private contracts are formed, they must not harm the collective interest of society. If a contract violates public norms, the government can intervene to protect societal interests.

What is the concept of 'consensualism' in contract law?

The principle of 'consensualism' states that a contract is formed when the parties reach an agreement, and it does not require a formal written document unless specifically mandated by law. The default rule is that contracts are consensual, meaning the mere exchange of consent creates legal obligations.

What does 'the relativity of contract effects' mean?

The principle of relativity in contract law means that a contract only creates binding effects between the parties involved. Third parties, not part of the agreement, are not obligated to adhere to its terms.

What is 'pacta sunt servanda' and how does it relate to the enforceability of contracts?

'Pacta sunt servanda' is a Latin expression meaning 'agreements must be kept.' It is a foundational principle in contract law, stating that once a contract is agreed upon, it must be fulfilled by the parties involved, unless invalidated by specific legal conditions.

Under what circumstances can the principle of 'pacta sunt servanda' be modified?

While the principle of 'pacta sunt servanda' generally requires that contracts be honored, it can be modified in certain situations. For example, under the theory of 'imprevisão,' contracts can be reviewed if unforeseen and extraordinary circumstances significantly alter the original terms.

What is the 'rebus sic stantibus' clause, and how does it relate to contract review?

'Rebus sic stantibus' refers to the idea that the obligations of a contract remain valid as long as the circumstances at the time of its creation remain unchanged. If these circumstances change due to unforeseen and extraordinary events, the contract may be subject to judicial review or modification.

How does the theory of 'imprevisão' apply to contract revision?

The theory of 'imprevisão' allows for the revision of contracts when an unforeseen and extraordinary event significantly changes the conditions of the contract, making it excessively burdensome for one party. This theory ensures that contracts remain fair and balanced even when external factors cause drastic changes.

What is the role of 'good faith' in contract negotiations and execution?

Good faith is a principle that requires both parties to act honestly, respectfully, and fairly during contract negotiations and execution. It ensures that no party seeks to take unfair advantage of the other, and it is crucial for interpreting and enforcing contracts in civil law.