THE PRINCIPLE OF GOOD FAITH: OF ITS INSTRUMENT IN BRAZILIAN CIVIL LAW AND ITS RELATIONSHIP WITH CONTRACTS

Authors

  • Daniel João Martins

DOI:

https://doi.org/10.14295/revistadaesmesc.v27i33.p315

Keywords:

Good faith, Objective good faith, Probity, Attached duties, Integration in contracts

Abstract

The principle of good faith was inserted objectively in the current Civil Code. It presents itself as a norm of conduct to be observed in legal businesses. The purpose of this study is to elucidate the insertion of good faith and demonstrate its relationship with contracts. The theme becomes relevant to the legal community in general, because it is an institute of moral content important for the peaceful coexistence of people. The source, definitions, standardization, classifications, functions, attached duties and developments of good faith are discussed under the deductive method. It is inferred that the postulate of good faith relates to contracts to secure values such as loyalty, trust and honesty. It turns out that from this relationship arise the conduct and duties that need to be observed by the contractors in order to ensure legal protection of the business entered.

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Author Biography

Daniel João Martins

Pós-graduado em Direito Público, convênio com a Universidade Regional de Blumenau (FURB) e com a Escola Superior da Magistratura do Estado de Santa Catarina (ESMESC); residente judicial

Published

2020-11-11

Issue

Section

ARTIGOS