Arbitragem nos contratos de consumo / Arbitration in the consumer contracts

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

Arbitration has increased its field of application in the contemporary societies. In fact, the alternative dispute resolutions methods are a new arena of procedures, which are going to substitute the traditional manners of solving problems related to conflicts of rights. In the other hand, the phenomenon of the consumer contracts is relevant, because these contracts constitute the majority of the contracts celebrated nowadays. The increase of economic transactions has changed the way of comprehending the traditional theory of contracts, which a contract is not celebrated by equals, but there is a huge difference in the juridical position of the parties. The traditional theory of arbitration is based on the autonomy of the parties, but the new theory of contracts, especially de consumer contracts is based on new postulates. So, for all theses facts, this study intends to investigate the arbitration phenomena related to consumers contracts.

ASSUNTO(S)

direito arbitragem (processo civil) contratos defesa do consumidor - legislação

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