A invalidade do princípio da princípio da autonomia da vontade das partes no contrato de adesão.

Abstract

The present work when studying the invalidade of the beginning of the autonomy of the will the parts in the adhesion contract and your treatment in the code of the consumer's defense, went to theme outstanding importance in the right. With the purpose of demonstrating like him is inserted in the man's life in society the study he/she began for your historical development. Then they were analyzed the norms and beginnings that govern the contracts in general. From where she can end that in the traditional private right the manifestation of the will free from consent addiction has been first reason of your celebration, condition in your way and at the same time warranty of your exigibilidade. Still in the study of the contracts of the private right it was possible to verify that now was already noticed that the limitless application can result in injustice for one of the contracting parties. The own deprived legislation establishes limitations to them trying to soften your force before invincible. In the right consumerista the force of those beginnings was highly restricted by the adoption of other compatible ones with the reality of the mass society. In her the consumption relationships that it happens in the market in an impersonal way only other contract type that is not occasionally it of adhesion happening prevails. In his celebration the supplier of goods or services elaborate unilateralmente the contractual termses while the consumer simply sticks them. In that situation there is not nor what to speak in autonomy of the will on the part of the consumer nor of exigibilidade against him founded exclusively in the stipulated consensualmente. CDC with the intention of solving the problem of the unbalance of conditions natural of the consumption relationships in disadvantage to the consumer brings protecting norms that seek to compensate the unbalance in fact.