LOPES, A. G. H.; http://lattes.cnpq.br/9185119272595602; LOPES, Anelise Guedes Holanda.
Resumo:
This monograpto ofereces a study regarding the prejudicial insertion of abusive
clauses in adhesion of the health plan type contracts. The law 9656/98 and Law
Health Plan emerged in order to regulate this contract before just follow the basic
guidelines contained in the Civil Code, but the reality is clear in showing that such
legislation is flawed in that it presents omissions and injustices in determining the
rights and duties in the letter of the law of the supplier and consumer of this type of
service, as a result originates court lawsuits filed in the courts in order to gain
recognition for the company health plan the right the beneficiary of having a serious
disease with symptoms arising after the execution of the contract treated by the
health plan, diseases that are denied to join the roster of members of plans to enjoy
the health care plan offered by super increases implemented by operators over the
elderly and the consumer's collective health plan, these situations that are
experienced by the population and who possesses understanding of judges and
courts in the opposite direction to that practiced by these companies, but still
continues to be exercised arbitrarily and unethical .To understand and deepen this
subject, it conceptualizes first point in the formation of the contract agreement, its
principles, its sub-type of the membership contract with unfair terms that are inherent
to it and its effect on the relationship contratual.For order, the effects of unfair terms
in the contract is studied pointing out the problems arising when the beneficiaries
actually need the service plan and face obstacles to exercise them in a satisfactory
manner, ie, there is no fulfillment of social that the contract purports to perform, this
is shown through doctrinal and jurisprudential understanding on the subject.