Função social das situações jurídicas obrigacionais: da eficácia pós-contratual ao fim progressivo dos contratos

Abstract

The object of this thesis is to establish the content that legitimizes the normative repercussion of the social function in juridical obligational situations, specifically as mediator of the process of these relations beyond the satisfaction of business interests. In this sense, the thesis considers the expansion of the analyses of what the private law doctrine calls post-contractual responsibility or post-negotiation effectiveness since it is systematically limited to the incidence of objective good faith. The functional concretization of norms and behaviors inspired by the constitutional system, in accordance with the social function of contracts, is the backdrop of the present pursuit to protect circumstances in which business interests are not the unique interest of the juridical situation previously emerged, recognizing the effects of the common behavioral outcomes, in light of the existing theory of common goods. Assuming, thus, the projection of the constitutional program on the relational process, with social function as an anchor, the juridical obligation situations are interviews that go beyond the predicted term for the extinction of the obligations. Therefore, the thesis casts itself on the placement of the function as cause for the permanence or the fragmentation of juridical obligational situations, permitting the use of the concept of progressive end of obligations.