Teoria contratual pós-moderna : as redes contratuais na sociedade de consumo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The liberal bases of the private Law were shaken down during the pos modernity with the arising of the consumption society, having no longer utility to answer the questions from the massive increase of contractual and consumption relationships. The changes in the process of production have created a massive increase of the contractual and consumption relationships, ahead of this picture, after the First Big World-wide War, the States start to intervene in the private relations, in order to avoid the inequalities, arising then the Social States. The constitutions of these States are in the center position in the analysis of the market relation, delineating the interventionism and the state driving over them. The contractual law, ahead this reality faces changes in its classic paradigms, and contract about supremacy of wishes of the parts are no more discussed, but yes, in relation to the supremacy of the social interest, of good faith and of the equity. The resulting problems of the massive increase of the consumption relationship become each time more complex, arising the contractual networks in the consumption market, to which the consumer is in such way tied, that during the year of duration of the complex contractual relationship, just happens the consumer to become a captive customer of the supplier chain. It is necessary to analyse the contractual networks as juridical phenomena, the bases to the proposition of its juridical theory, its effects, as the solutions that the law offers to the questions of juridical relevance resultant of the creation of those nets, and, of course, the question of the protection of the consumer ahead its action.

ASSUNTO(S)

direito privado atos jurídicos contratos sociedade de consumo boa-fé (direito) direito

ACESSO AO ARTIGO

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