RISCO E CONTRATO NA PERSPECTIVA DA TEORIA DOS SISTEMAS DE NIKLAS LUHMANN

Abstract

The present work aimed to analyze the contractual risk from the point of view of Autopoietic Systems Theory. This study makes use of second order observation, which analytical unity follows Spencer Brown calculus of forms, moving through forms of difference. Whilstmost authors work under the scheme risk/security, this study works under the luhmannian scheme risk/danger. This research draw its attention to modernity and contemporaneity and had developed attentively to their contrasts, when it discusses risk, as well when it discussescontractuality. As to risk the modern had created the myth of calculability, they believed that probability and calculus were able to skirt risk.As to contract they gave it a sophisticated formulation in which grounds one works nowadays. Yet contemporaneity has defied this ideas. Risk is unavoidable and contract, as legal transaction, is being reviewed in many ways, to beable to be a mean to achieve equality and liberty, a vocation that it is far from fulfill. The study of contractual risk has a big role in the life of persons and organizations, but it can give no guarantee to achieve equality and security.

Keywords

• risk
• danger
• uncertainty
• contractuality
• modernity