Dos clássicos aos sociais: análise dos principais princípios contratuais à luz do contexto histórico-social
The contract underwent several changes from Roman law to the current civil law. These transformations are felt in the study of contractual theory, especially of principles, which reflect the influence of the social-historical context on the legal design of the institute. The present article aims to...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7085891 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 9, Nº. 2, 2017, pags. 21-59 |
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| Summary: |
The contract underwent several changes from Roman law to the current civil law. These transformations are felt in the study of contractual theory, especially of principles, which reflect the influence of the social-historical context on the legal design of the institute. The present article aims to make a study of the main contractual principles of the present civil law, from the historical-social moment of its emergence and from a dynamic perspective, contemplating the reflexes of the social-historical changes in these principles. To do so, it starts with the contract as a source of obligations in Roman law, passing through the so-called classic contract, the rise of contractual freedom, until arriving at the current contractual model, in which the so-called social principles emerge and coexist together. |
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