The Social Function of Contracts in Market Economic Systems

• Autores: Luciano Benetti Timm
• Localización: Via Inveniendi et Iudicandi, ISSN-e 1909-0528, Vol. 6, Nº. 1, 2011
• Idioma: inglés
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• Resumen

  • 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.