Scientia Iuris (Apr 2016)

A favor das relações econômico-negociais: o princípio do favor negotii no Código Civil

  • Gilberto Fachetti Silvestre,
  • Francisco Viera Lima Neto

DOI
https://doi.org/10.5433/2178-8189.2016v20n1p10
Journal volume & issue
Vol. 20, no. 1
pp. 10 – 41

Abstract

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This paper analyzes the principle of favor negotii and characterizes it as an axiological route of the general theory of juristic acts, nullities are, therefore, treated as an exception to the law of economic relations. This paper seeks to interrelate the principle of conservation of legal acts with the general principles of the Brazilian Civil Code (sociality, morality and operability) and the institutional principles of legal transactions (private autonomy, good-faith and social function). Thus, this paper seeks to question if legal transactions, as a legal category, is a concept that is in crisis.

Keywords