Revista de Direito (Mar 2018)
FROM THE CLASSICS TO THE SOCIALS: AN ANALYSIS OF THE MAIN CONTRACTUAL PRINCIPLES IN THE LIGHT OF THE HISTORICAL-SOCIAL CONTEXT
Abstract
The contract underwent several changes from Roman law to the current civil law. These transformations are felt in the study of contractual theory, especially of principles, which reflect the influence of the social-historical context on the legal design of the institute. The present article aims to make a study of the main contractual principles of the present civil law, from the historical-social moment of its emergence and from a dynamic perspective, contemplating the reflexes of the social-historical changes in these principles. To do so, it starts with the contract as a source of obligations in Roman law, passing through the so-called classic contract, the rise of contractual freedom, until arriving at the current contractual model, in which the so-called social principles emerge and coexist together.
