The Social Function of Contracts in Market Economic Systems
The purpose of this paper is to describe the current status in the Brazilian academic writings and case law regarding the social function of contracts (the first part addresses this topic) � identifying the social function of the contract under the view of the distributive character of the �social j...
Saved in:
Main Author: | |
---|---|
Format: | Article |
Language: | English |
Published: |
Universidad Santo Tomás (USTA)
2010
|
Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3626790 |
Source: | Via Inveniendi et Iudicandi, ISSN 1909-0528, Nº. 11, 2010 |
Tags: |
Add Tag
No Tags: Be the first to tag this record
|
Summary: |
The purpose of this paper is to describe the current status in the Brazilian
academic writings and case law regarding the social function of contracts (the first part
addresses this topic) � identifying the social function of the contract under the view of the
distributive character of the �social justice�, which is inherent to the Social State. Second, the
paper suggests a critical analysis about the consensus that is arising among Brazilian jurists
and judges concerning the social function, starting with a view defended by the school of
economic analysis of the Law. |
---|