A função social do contrato

Abstract

The main objective of this work is the analysis of the social function of the contract as well as the role of jurisprudence on the subject. Contracts were used as instruments of supremacy from the strongest to the weakest, and with globalization, the change and evolution of the instrument, which gained diversity as well as the collective interests gained ground, not only prevailed the individual interests of the contractors. In its enrichment, the contract is at its zenith with the advent of the Bylaws, at which time the classical principles began to be claimed and new directives were introduced concretizing solidarity and fraternity. The main correlation of the social function with the aforementioned is given by the mechanisms that protect the parties, such as fraud, simulation, excessive onerosity, among others. In this prism, the importance and the main role of the judge in the application of the principles must be emphasized.It should be borne in mind that the study is based on the way in which contractors behave and on how they should act in order to make the contract more than a means of personal fulfillment. In this way the protection of values transcend the intersubjective relation and seek a greater social harmony, in order to apply the principle of the social function of the contract