Normas de textura aberta e interpretação: uma análise no adimplemento das obrigações.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

The present research brings questions about the open texture norms and its interpretation, taking as study base the matter of obligations payment as regulated by Brazilian 2002 Civil Code of 2002. In such intent, it starts from conceptual and classificatory analysis, distinguishing indeterminate concepts, general clauses and principles. Following, it is made an approach toward the doctrine of obligations payment, aiming create a conceptual and evaluative base for the analysis of indeterminate concepts at such field. Deals then with interpretative matters specially towards the open texture norms, analyzing the possibility of the use of discretion by the judges in their decisions, and its connection with the adopted concept of law. At last, starting from the answers previously obtained, this paper interprets the open texture norms present at the legal text regulates the obligations payment at Brazilian 2002 Civil Code

ASSUNTO(S)

adimplemento das obrigações obligations payment direito como integridade law as integrity interpretation interpretação open texture norms direito normas de textura aberta

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