Cláusula de não indenizar

Abstract

This study has as its object of study the exemption clause, a legal business that disciplines the obligation to indemnify arising from the default of a duty. Therefore, the work develops from the investigation of the emergence of this legal business in history and its insertion in contracts, followed by investigation of its regulation in comparative law and later its legislative and jurisprudential development in the Brazilian legal system. Then, due to technical and terminological inaccuracies about it, a definition is made of what the exemption clause consists of and its correct designation, its preponderant characteristics, its effects, modalities, and distinction from related figures. As in Brazilian legal system prevails the paradigm of full reparation in theme of civil responsability, the third part of the paper investigates the conditions of validity of the exemption clause inserted in civil and consumer business relations, its compatibility with contemporary contractual principles and its relationship with contractual responsibility and tort law. In the end, the theme of invalidity of exemption clause is aproached along with the effects of the invalidity of the clause in relation to the contract wich it was part of