Responsabilidade civil por abuso do direito

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The dissertation aims to study the civil responsibility for abuse of rights. At first it looks for to context historically the appearance and the evolution of the abuse abuse of rights, from the Roman law, under the prism of the good-faith and of the institutes that keep its genesis, it goes by the theory of the emulation acts and it presents brief points regarding the treatment of the abuse of rights in other contemporary juridical systems. In a second moment, it analyzes the abuse of rights in the Brazilian civil law, it discourses on its conception, the affirmation and negation theories, objectives and subjectives, as well as about the evolution of the abuse of rights and of the civil law conception in Brazil, starting from an individualistic vision, until arriving to the present social prism, and it faces the contours of the constitutional civil law. It still examines the legal requirements of the abuse of rights, the limits to the exercise of the subjective rights and, specifically, the abuse of rights in contractual ground. After, studying the civil responsibility for abuse, it treats the subject of the illicitness of the act in abuse, the variety of juridical consequences of the abuse, the foundations of the civil responsibility, under Código Beviláquas prism and contemporary legislation, or under the Civil Code of 2002, as well as the subject of the nature of the civil responsibility and the possible forms of its recognition. Finally, it presents some hypotheses of civil responsibility for abuse of rights picked into the doctrine and national jurisprudence

ASSUNTO(S)

direito responsabilidade (direito) responsabilidade civil por abuso do direito abuso de direitos civil responsibility for abuse of rights abuso de direitos -- brasil responsabilidade (direito) -- brasil

ACESSO AO ARTIGO

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