The social function of contracts in market economic systems
The purpose of this paper is to describe the current status in the Brazilian academic writings and case law regarding the social function of contracts (the first part addresses this topic) – identifying the social function of the contract under the view of the distributive character of the “social j...
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Universidad Santo Tomás
2016-06-01
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Online Access: | https://revistas.usantotomas.edu.co/index.php/viei/article/view/2931 |
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doaj-53f7ec01833d4a17976c8be9d8320df32020-11-25T01:37:08ZspaUniversidad Santo TomásVia Inveniendi Et Iudicandi1909-05281909-05282016-06-016112510.15332/s1909-0528.2011.0001.012555The social function of contracts in market economic systemsLuciano Benneti TimmThe purpose of this paper is to describe the current status in the Brazilian academic writings and case law regarding the social function of contracts (the first part addresses this topic) – identifying the social function of the contract under the view of the distributive character of the “social justice”, which is inherent to the Social State. Second, the paper suggests a critical analysis about the consensus that is arising among Brazilian jurists and judges concerning the social function, starting with a view defended by the school of economic analysis of the Law.https://revistas.usantotomas.edu.co/index.php/viei/article/view/2931Social Function of the Contract – Solidarism – Contractual Welfarism – Economic Analysis - Market |
collection |
DOAJ |
language |
Spanish |
format |
Article |
sources |
DOAJ |
author |
Luciano Benneti Timm |
spellingShingle |
Luciano Benneti Timm The social function of contracts in market economic systems Via Inveniendi Et Iudicandi Social Function of the Contract – Solidarism – Contractual Welfarism – Economic Analysis - Market |
author_facet |
Luciano Benneti Timm |
author_sort |
Luciano Benneti Timm |
title |
The social function of contracts in market economic systems |
title_short |
The social function of contracts in market economic systems |
title_full |
The social function of contracts in market economic systems |
title_fullStr |
The social function of contracts in market economic systems |
title_full_unstemmed |
The social function of contracts in market economic systems |
title_sort |
social function of contracts in market economic systems |
publisher |
Universidad Santo Tomás |
series |
Via Inveniendi Et Iudicandi |
issn |
1909-0528 1909-0528 |
publishDate |
2016-06-01 |
description |
The purpose of this paper is to describe the current status in the Brazilian academic writings and case law regarding the social function of contracts (the first part addresses this topic) – identifying the social function of the contract under the view of the distributive character of the “social justice”, which is inherent to the Social State. Second, the paper suggests a critical analysis about the consensus that is arising among Brazilian jurists and judges concerning the social function, starting with a view defended by the school of economic analysis of the Law. |
topic |
Social Function of the Contract – Solidarism – Contractual Welfarism – Economic Analysis - Market |
url |
https://revistas.usantotomas.edu.co/index.php/viei/article/view/2931 |
work_keys_str_mv |
AT lucianobennetitimm thesocialfunctionofcontractsinmarketeconomicsystems AT lucianobennetitimm socialfunctionofcontractsinmarketeconomicsystems |
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1725059448877088768 |