BOA-FÉ OBJETIVA NA FASE PRÉ-CONTRATUAL E CULPA IN CONTRAHENDO

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ABSTRACT

With the advent of the Civil Code of 2002, the objective good faith has become a commandment enshrined by the legal system and forced to all contractors, including the pre-negotiation phase, giving opportunity to the application of the theory of guilt in contrahendo by the rupture of negotiations to formalize the contract, due to the frustration of the created expectation. Indeed, once recognized the pre-contractual liability, this study focuses on identifying the criteria adopted by the contemporary jurisprudence of the Court of the State of São Paulo for the quantification of the due indemnity by the negative damage, in other words, by the loss of other opportunity and the non achieved expectation.

Keywords: objective good faith; rupture of negotiations, pre-contractual liability, negative damage; value; indemnity.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Luiz Augusto Almeida Maia | Attorney Advertising

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