Abusive Practices in face of the Indebted Consumer

a Study of the Evolution of the General Clauses of Objective good faith Content and of the Abuse of Rights Prohibition

Abstract

The current article studies the Civil Law's general clauses theme, particularly good objective faith and abuse of rights prohibition. Like method, proposes an inductive approach, from data collect, through bibliographic research. The goal is to theoretically substantiate the combat to the abusive practices against the indebted consumer and, otherwise, verify which are the main abusive practices documented in this context. The article proposes the hypothesis, which is confirmed in the end, that Over-indebtedness has changed the fill to the good objective faith general clause, with the breeding of new attached duties to the supplier at the credit agreement, as so has modified the effective content at abuse of rights prohibition, with the acknowledgement of new abusive practices against the indebted consumer.