Responsabilidade civil pré-negocial

Abstract

The present monograph analises the Considerations Responsability that was treated in a generic way by the Brazilian legislator, reason for which we looked for to deepen this theme in the sense of analyzing the generating preliminary negotiations of responsibilities is susceptible to compensation in our Law. We tried to demonstrate that the agreements at the considerations, when accomplished under the protection of the principle of the good-faith, they are measured of responsibility and generate bilateral consequences to the parts, not being fair that one of them, when deciding unilaterally in not honoring the commitment, comes out unhurt to the detriment of the other part that didn't give cause to the fact. In this sense, we tried to follow a logical sequence order, approaching the historical and world evolution of the institute and the development of the civil responsibility in general for a better understanding of the matter. In the sequence, we tried to establish the juridical nature of the institute, the negotiation period, extent of the consideration responsibility in the current days and their directings principles. Finally, with the detailed analysis of the constituent elements of established the daily pay-contractual or daily pay-business relation, such as the assent, relation of causuality and the pecuniary damage duly quantified, we arrive to the final objective of this work that is to demonstrate that we are ahead of a responsibility of contractual nature whose installment is to act in accord with the most strict good-faith in reason of the deriving special bond of the existing social contact between the traders