O Contrato como instrumento de política econômica

• Ano de defesa: 2004
• Autor(a) principal: Marcelo de Oliveira Milagres
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Direito Econômico; Direito econômico; Intervenção estatal; Política econômica; Contratos Aspectos economicos
• Link de acesso: http://hdl.handle.net/1843/BUBD-96NMHQ

When we talk about contracts or, to be more exact, about the law ofcontract obligations, the Civil Law's first and greatest concern is the purport and the reach of the principle of will autonomy. As a matter of fact, in the majority of studies about contracts, the subject of negotiable relationship or, in other words, of their merely subjective features predominate, in spite of the propriety social theory. The purpose of this essay is to analyse the contract under a different point of view, that is to say under the Economics Law. This course without neglecting the classical lessons on law obligations. To poini out this essentiallyj'-ridical deal as an authentic instrument and object of economical policy within the Brazilian juridical-economical ordinance. To understand it as an economical operation both commutative and distributional, constitutionally protected, after respecting the social values of work and of free enterprise and the final purpose of promoting the human dignity as stated in articles 111, IV and 170. caput, of t^ie Republic Constitution, This is an inter-discipline study in wich we cannot fail to especially remember the Economical Law and the Economics contribution, aswell as the modifications introduced by the new Brazilian Civil Code, Law n. 10.406 of January 10, 2002. Besides, we wish to emphazise here that we got limited to contracts with economical and onerous contents, excluding the gratuitous ones, as they occur with less frequency in market. Synthetizing, we wish to visualize here the contract as an essential instrument for the management of a capitalistic economy without neglecting the human person which is the basic reason of al" our concerns and constructions. Finally, let us make it strongly evident that this is not an accomplished analysis exempt from opposition and from tendency hindrances, because of it being the result of complex phenomena which are always altering suddenly and intensely.