A contratação na sociedade massificada e as condições gerais de contratação no direito alemão

Leonardo Estevam de Assis Zanini

doi:10.5433/2178-8189.2020v24n2p117

The contracts in mass society and the general conditions of the contracts in german law

Authors

Leonardo Estevam de Assis Zanini JUSTIÇA FEDERAL UNIARA UNICEP http://orcid.org/0000-0002-9057-4387

DOI:

https://doi.org/10.5433/2178-8189.2020v24n2p117

Keywords:

Mass society, Civil law, German law, General conditions of the Contracts, Consumer Protection.

Abstract

This article examines the way in which German law interprets the general conditions of contracts, a subject that is very relevant to the contractual system of mass society. Currently, it is very common to use contracts accompanied by some general conditions. Therefore, this paper examines how the German Civil Code has permitted the inclusion of general conditions of contracts in legal transactions, as well as in situations in which the judge is authorized to check the content of the general conditions of the contract. This paper also studies its field of action and the way in which the general conditions of the contracts are to be interpreted. Finally, this research emphasizes that the German system has regulated the matter since 1976 and presents a much more structured legislation than in the Brazilian legal system, which has allowed the Germans a more general and more abstract control of the matter, ensuring greater legal certainty.

Author Biography

Leonardo Estevam de Assis Zanini, JUSTIÇA FEDERAL UNIARA UNICEP

Pós Doutor pela Max-Planck-Institut für ausländisches und internationales Privatrecht, (MPIPRIV). Doutorando em Direito pela Albert-Ludwigs-Universitaet Freiburg (UNI FREIBURG). Doutor em Direito pela Universidade de São Paulo (USP). Mestre em Direito pela Pontifícia Universidade Católica de São Paulo (PUCSP). Bacharel em Direito pela Universidade de São Paulo (USP). Email: assiszanini@gmail.com

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Published

2020-07-31

How to Cite

Zanini, L. E. de A. (2020). The contracts in mass society and the general conditions of the contracts in german law. Scientia Iuris, 24(2), 117–134. https://doi.org/10.5433/2178-8189.2020v24n2p117

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Issue

Vol. 24 No. 2 (2020)

Section

Artigos

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