A função social do contrato na efetivação da justiça contratual.

Abstract

It is extremely important to study on the links, as it is from this that it is developing discover how the people of a nation, by reason of the contract remain the main means of movement of wealth. There were several changes in economic circumstances, causing thus changes in the ranking civilian homeland, mainly in terms of contractual relations, causing a certain time, the unbridled freedom proposed by the economic liberalism, as if recruiting, no more were the best solution, requiring that the state establish standards leaders to parties, looking so exact contractual balance. This study, conducted by the methods juridical-exegese and historical-rolling, objective review these changes in civil law, driven by the phenomenon of the constitution, which, consequently, has required the rereading of contract law, adopting a social function, which favors the protection of existential values for property interests only. There is, therefore, that the big question on the subject is that if the social function of the contract is, in fact, effective in the formation of that contractual balance. Taking up, so the following problematization: the figure would have lost their legal contractual essence of business law, which is formed by the concurrence of wills with the adoption of the social function of contract? According to the study, the hypothesis is that: Figure legal contract has not lost its sense adopting the social function of contract, by contrast, the insertion of that principle in law homeland has only assist in making the incessant search for justice contract, allowing Thus the creation of legal business through the balance between the contracting parties