Teoria da imprevisão: uma visão pragmática

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The aim of this paper is to pinpoint a specific urge of our present times regarding the powers of the Judge, evidencing both the publici juris nature of Procedure, and, by means of the judicial apparatus, the prevalence of the Public interest concerning a fair legal system performance over the private interest of the litigant who is oriented to fulfil his own claims. This study is justified by the evolution of social, political, philosophical and economic values, developed from the middle of XXth Century until nowadays, and which brought to light the inadequacy of the 1916 Brazilian Civil Code, particularly concerning Contracts Law. This inadequacy became clearer in view of the 2002 Brazilian Civil Code, resulting in a new approach of the rebus sic standibus doctrine, which allows the revision of agreements once verified economic imbalance as the cause of damage to one of the parties. The approach adopted in this monograph started from the study of both the open clauses and the social role of the contract as defining elements of the evolution of contractual relationship in the XXIst Century, focused on the Judge performance, taking into particular consideration the urge to improve his/her professional background in the pursuit of an ideal model of a Judge capable of enforcing a reliable Rule of Law. As a whole, the purpose of this paper is to carry a pragmatic investigation of the rebus sic standibus doctrine in order to adjust its principles to the modern criteria which inspire the enforcement of Law at the beginning of this Century and will orient its effects in the future, clearing the path for those who intend to lead further studies on the subject

ASSUNTO(S)

teoria da imprevisao contratos -- brasil direito civil juiz e teoria imprevisão teoria da imprevisao (direito civil) -- brasil código civil funçao social do contrato

ACESSO AO ARTIGO

Documentos Relacionados