Responsabilidade pré-contratual por rompimento das negociações preliminares: atualizado de acordo com o BGB/2002

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The thesis concerns itself with the pre-contractual responsibility of abandonment of preliminary negotiations, a doctrine that arose and was developed in Germany. The theoretical basis comes out of the good faith theory (in Germany Treu und Glauben), actually fixed in the art. 422 of the Brazilian code from 2002. Nevertheless, the Brazilian code does not explicitly mention the figure of pre-contractual responsibility, which in itself is not a subject well documented in doctrine and jurisprudence thus justifying the necessity of the investigation. The pre-contractual responsibility is applicable when one of the parties of a preliminary contract negotiation suggests certainty for the other party, that the business will be concluded but abandons the negotiation before without any just reason. This behavior is considered as dishonorable in legal terms and therefore censored by indemnity of the eventually suffered damage. This thesis deals with objective good faith, the origin,concept and their main obligations, which occur during negotiations. The relation between contractual liberty and good faith, the legal nature of pre-contractual responsibility and their elements is examined closely: the negotiation, the fair trust in the firmation of the contract, canceling of negotiation without justified reason and danification. The intend of the thesis is to contribute to the development of this subject in Brazil. I will demonstrate that the German law in this matter has a great deal to contribute to Brazilian law. It is a point of interest that the German code (BGB) itself has undergone modernization in 2002 with regards this law of obligation. In view of this modernization and its current topicality, this thesis hopes to contribute to the continuing conversation in Brazil

ASSUNTO(S)

boa-fe (direito) contratos direito boa-fe objetiva

ACESSO AO ARTIGO

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