Assay of classification of theories about social function of contract
Keywords:
Contractual principles. Social function of contracts. Theories. Superior Tribunal de Justiça.Abstract
The Civil Code establishes that freedom of contract must be exercised founded and within limits of social function of contracts, nevertheless, it does not define contempt or application to this social function. That is why still dissent in Brazilian civil literature and jurisprudence about the principle prevails. Hence, this paper objective is to list and classify, in an expositive way, some conceptions about the social function of contracts, and then show if Superior Tribunal de Justiça, main Brazilian Court concerning civil law application, applies any of these conceptions. Despite the conclusion that none of the theories prevail, this work is important once it offers impartial exposure of many theories conceptions about the principle of social function of the contracts, what was not found elsewhere during the research.





