Cláusulas limitativas e de exclusão da responsabilidade contratual

  • José Joaquim de Lemos Marques Ribeiro (Student)

Student thesis: Master's Thesis

Abstract

In this thesis we propose to analyze the set of values regarding the issue of restrictive clauses and exclusion of contractual liability. Decisive question will be to analyze and discuss the space that private autonomy enjoys, particularly in terms of whether to recognize the possibility of fixing a different conventional system of legal responsibility by limiting it or denying it, especially when it can be given and established that the liability institute closes values and proceeds purposes that transcend the simple individual perspective, to prevale principles of legal and social discipline. Essential question will also be whether, and within what limits, can be validly excluded or limited, by prior arrangement, the duty to compensate the damage resulting from non-­‐‑performance, the delay or defective performance of the obligation. To analyze the problem regarding the debtor'ʹs own actions and also the responsibility for the acts of his assistants or legal representatives, without neglecting the relevant issues concerning the determination of the burden of proof and the concrete border between gross negligence and light negligence, everything in the light of the principles and norms of the Portuguese legal system, without, however, evade comparative law.
Date of Award2015
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorAgostinho Guedes (Supervisor)

Designation

  • Mestrado em Direito

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