Interpretacao dos contratos, interpretacao da lei e qualificacao: superando fronteiras

Carlos Nelson de Paula Konder

doi:10.5433/2178-8189.2015v19n1p47

Interpretation of Contract, Interpretation of the Law and Qualification: Overcoming Barriers

Authors

Carlos Nelson de Paula Konder UETJ

DOI:

https://doi.org/10.5433/2178-8189.2015v19n1p47

Keywords:

Interpretation, Qualification, Contract, Autonomy, Subsumption

Abstract

The paper sustains the need to overcome the rigid separation between interpretation of the law, interpretation of contract and qualification of contracts, rooted in the dichotomy between public and private law and the dogma of subsumption. Its argument is based on the transformation of the role of private autonomy in land, the functionality of institutions and the circularity of the hermeneutic process.

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Author Biography

Carlos Nelson de Paula Konder, UETJ

Associate Professor of Civil Law at UERJ and PUC-Rio. Doctor and Masters in civil law UERJ. Expert in civil law from the University of Camerino (Italy)

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Published

2015-04-24

How to Cite

Konder, C. N. de P. (2015). Interpretation of Contract, Interpretation of the Law and Qualification: Overcoming Barriers. Scientia Iuris, 19(1), 47–62. https://doi.org/10.5433/2178-8189.2015v19n1p47

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Issue

Vol. 19 No. 1 (2015)

Section

Artigos

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