Outline of a Functional Classification of Legal Acts

Authors

  • Gustavo Tepedino

Keywords:

1. Private autonomy, 2. Juridical act, 3. Juridical transaction, 4. Contractual activity without juridical act.

Abstract

The mutation of the notion of private autonomy has deep repercussions in the theory of interpretation. As the range and the limits (of juridical categories and institutions, and specially) of private autonomy attributed to individuals are no longer uniform and abstract (individual will submitted solely to the negative limit of the illicit), but also depend on the values that serve as their foundation (for the promotion of socially relevant interests), one can verify the functionalization of private law institutions. Thus, this article proposes the classification of juridical acts based on their functional analysis, taking into account the activity that has been concretely developed and the positive limits imposed by constitutional values and principles (constitutional legality).

Published

2017-07-15

How to Cite

Tepedino, G. (2017). Outline of a Functional Classification of Legal Acts. Revista Brasileira De Direito Civil, 1(01). Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/129