Contracts in Brazilian law

Authors

  • Luciano Benetti Timm PUCRS

Keywords:

Contracts. Standard contracts. Contract law.

Abstract

 

This article aims at defining and establishing some of the most important foundations and characteristics of contracts within the Brazilian law, bringing aspects regarding its historical evolution, from the 15th century on, which resulted in the different conceptions presented in Brazilian Civil Codes from 1916 and 2003, briefly compared in this article. A brief analysis is given for standard contracts and its characteristics regarding its negotiation and acceptance, studying the necessary stages to create the bound in these contracts with a pre-established structure drafted by one of the parties. In addition, the article explores the characteristics which are necessary for existence and validity of a contract within the Brazilian legal system, how these contracts are formed, unraveling the main principles of Contract Law and the existing contracts classification and its importance to validate the obligations set in the contract within Brazilian Law. The granting of contract obligations is also addressed in this article, as well as the interpretation of the contracts and the dynamic involved to terminate a contract are brought to light, aiming at complying with the legal demands and requirements imposed by the Civil Code and by Brazilian courts.

Author Biography

Luciano Benetti Timm, PUCRS

 

Professor Adjunto da PUCRS. Pós-Doutorado em Direito e Economia, U.C. Berkeley, EUA. Mestrado em Direito Econômico Universidade de Warwick, Inglaterra.Doutor e Mestre em Direito pela UFRGS.

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Issue

Vol. 39 No. 2 (2013)

Section

Articles

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