O princípio da boa-fé objetiva no novo código civil

Abstract

The brazilian Civil Code of 2002, has introduced important changes in the right of obligations. One of then was the inclusion of the good will principle. This principle is now in article 113 of the 2002 Civil Code as a norm of interpretation for contracts according to good will premise; in article 187 as a constraint norm of individual rigths preventing excess in law abuse of right and in article 422 as a generating norm of obligations attached to the contract. The legislator`s intention in doing the above was: a)to streamline and sistematize the good will principle, applied the jurisprudence through doctrinary assumptinos since long time ago, but retricted to the judicial contractual relations sub judice so for, and, b) to privilege respect, trust and the legitimate expectations of the contractual parties hence preventing the abuse of the right in today complex mass. However the legislator has made positive the good will principle based upon a general rather vague clause which provides a certain degree of personal interpretation by the juding entity precisely due to its vagueness therefore allowing a complementar diccritionsry legislation and therefore creating insecurity in the futere judicial decisions based upon the good will. Aiming at minimizing the difficulties in thew decisions involving the plurimeaningtul and non determined concept ut the good will principle, our objetive is to prove, through research of doutrines and jurisprudence both domestic and foreigh, that the current positiveness is based upon values such as information loyalty care and transparence in the contractual relation but also outliming respect and trust, as well as legitimate expectations of the contractual party, since its inceptions and up to and after the contract s execution so as to prevent the abuses in contract s relations. In the order better handle this new law instrument, the search of the true meaning of good will in the new Civil Code, we add a proposal to complement art. 422 in form of the new bill outhing the following: Wich duties are linked to the contratract; wich assumptions a need for collecting of intent, resolution, as result of the bleach of the good will principle and; wich are the partiee s behavioval produres are not be accepted by de juding these already consolidated in doutrines such as , Tu quoque, Surrectio e Venire contra facto proprium