Interpretation of Contract, Interpretation of the Law and Qualification: Overcoming Barriers

Abstract

The paper sustains the need to overcome the rigid separation between interpretation of the law, interpretation of contract and qualification of contracts, rooted in the dichotomy between public and private law and the dogma of subsumption. Its argument is based on the transformation of the role of private autonomy in land, the functionality of institutions and the circularity of the hermeneutic process.

Keywords

• Interpretação
• Qualificação
• Contrato
• Autonomia Privada
• Subsunção