Deveres de consideração nas fases externas do contrato

Abstract

This dissertation aims to study the impact of conducting rules in the external phase of the contract, only for not provided rules by law nor agreed by the parties, so its observance will translate into real legal duty, capable to generate, if neglected, liability and civil damages. These duties arise from the behavior of the general clause of objective good faith, foreseen in the current Civil Code and the constitutional principles of human dignity, solidarity and social justice. Where it came to illuminate the Private Law even before the issue of the current encoding up as a global trend and are matched with the complex legal system is today and their desires of the community. The right may not be inert or fail to protect certain relationships simply because it s not expressly provided in the legislation criticized, so that the parties must act in consideration and collaboration with its counterpart, in a horizontal relationship, which forgoes any subordination, always to prevent reciprocal injuries. The emphasis in this monograph lies in the external phase of the contract, in what precedes, pre-contractual, and that the case, post-contractual, moments when the margin of interpretation of the rights and duties of each part is broad. Theories of culpa in contrahendo (pre-contractual liability) and culpa post pactum finitum (postcontractual liability) resulting from non-compliance with those obligations in each of the phases fault outside the pact will be addressed by making the counterpoint to liberty and security legal, beyond the analysis of national and foreign doctrine and jurisprudence on the issue