Da Possibilidade de Revisão de Contratos Extintos em Face da Nova Realidade Contratual
Keywords:
Pacta sunt servanda, Rebus sic stantibus, Contractual revision, Extinct contractsAbstract
Objective the present study to discourse regarding the possibility of revision of contractual extinct contract
clauses. The fático bedding of this quarrel meets in the adoption, in the modern contractual relations, of adhesion contracts, that disable the manifestation of will of one of the contracting parties. Of this form, the conflict between the classic contractual principles and the new principles appears, becoming imperious the analysis of the principiológica evolution of the contractual right. Finally, analysis of the legislation and the current jurisprudenciais agreements will be made, which reflect the main objective that the State inside possesss of the contractual scope, that is to keep the balance being the contractors, therefore the contract, beyond being an instrument of economic interchange between the particular ones, also exert a social function, having to respect the public interest.