Analysis on the composition of the regime applicable to 'atypical contracts' and on the influence of legal regimes, focusing on the 'indirect donation' regime

• Grant number: 17/06062-9
• Support Opportunities: Scholarships in Brazil - Master
• Start date: September 01, 2017
• End date: April 30, 2019
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Otavio Luiz Rodrigues Junior
• Grantee: Thalles Ricardo Alciati Valim
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

In the field of the contract law, there is a permanent tension between "typical contracts" (i.e. those that have a legal discipline) and "atypical contracts", originated from the creativity of the market and of the particular agents. The present project is in this context. Searching, fundamentally, an answer to two questions: (i) is it possible to apply parts of the legal discipline of a typical contract to an atypical contract? (ii) which are the norms of the typical discipline that ought to be applied to an atypical contract? (iii) which are the criteria that determine this application? Our research project intends to apply the results of these three questions to the hypothesis of the donation's legal discipline in relation to atypical contracts that have some gratuitous intent. Thus, depending on the results gathered, we may be able to verify the proper solution to contracts that don't present the typical structure of the donation but, nevertheless, are similar to it. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

VALIM, Thalles Ricardo Alciati. Typological analysis of the gif. 2019. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.