Aspectos do princípio da boa-fé e sua implicação nas relações contratuais

Abstract

This work of completion is about the principle of good faith applied to contractual relations. The principle is studied and classified into their kinds: subjective and objective. Good faith is also ranked as one of the most important general provisions of civil law. Modern legislative drafting prolific in the country was approached the main functions of objective good faith and the differences between the two species of the principle. The scope of this monograph preciput relied in good faith implications that generate the particular relations. It was taken into account for the development of research articles 113 , 187 and 422 of the Civil Code and Article 4 , and Article 51 III, IV, of the Code of Consumer Protection . Another point that was highlighted was the current predominance of good faith in paternal land, demanding, increasingly, their observance the decisions handed down by judges, and the courts, as well as acting as a limit on judicial power. It was noted that good faith has mitigated the principles of freedom of choice and contractual obligation, surpassing the archaic view that both patrimonial influenced Private Law. Worth mentioning that, with the constitutionalization of Civil Law, certain values gained effectiveness. Honesty , loyalty and ethics began to enjoy legal significance in relations between the Contracting Parties; always guided by the principle of human dignity.