Relações obrigacionais e distribuição de risco no Código Civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

This work dealt with the distribution of risk in the obligational relation, taking the Civil Code as the main field of analysis. Sought to study hypotheses for the distribution of risks (consensual or not) that lead to the division of the assumption of losses by the parties. The study consists of three parts which are interconnected necessarily, the first devoted to obligations in the strict sense, the second to the contractual relations and the third to civil liability, especially non-contractual. We believe that the risk is one of the themes highlighted in the study of private law, especially with the growth attributions of liability without fault (in particular, the adoption of a general clause of strict liability in the Civil Code of 2002), but some problems concerning the distribution of risk (mainly in the negocial field) lack of proper care. Furthermore, we believe that the solidification of very general concepts of the law of obligation (such as the kinds of obligations) is of fundamental importance for the correct application of the distribution of risk. With emphasis on analysis of a general risk of life to which we are all subject. This paper aims to seek conclusions from the analysis of obligational relations, to support the distribution of risk, looking for, in some way, establish general guidelines for this application

ASSUNTO(S)

obrigacoes (direito) -- brasil risco direito civil liability direito civil -- brasil contracts contratos -- brasil civil law obligations risk responsabilidade (direito) -- brasil

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