Notas sobre o papel da autonomia privada no exercício de situações jurídicas de natureza real

Abstract

The principle of private autonomy has been historically developed in the sphere of contract law, away from the iura in re, which were guided by the logic of typical law previsions. In a contemporary perspective, however, and with the mitigation of the classic differences between iura in re and credit rights towards a common discipline of all patrimonial rights, it becomes possible to notice a relevant space of private autonomy also in the iura in re sphere. In this context, the incidence of objective good faith in its various functions over this kind of juridical relation becomes an important and innovative application of this principle.