O superendividamento do consumidor como fator impositivo do dever legal de renegociação

Abstract

This work has for its object the study of the phenomenon of overindebtedness and its intrinsic relationship with the contracts and the legal category of the general duty of renegotiation. Through an essentially bibliographic research, we seek to emphasize the main aspects that interrelate these issues. It is clear, at the current stage of development of capitalism, the prevalence of a seated economic policy on credit, which ends up generating very strong rates of overall indebtedness. It affects individuals of various classes, economic levels and intellectual profiles, for all, because of the massification of inductive marketing consumer policy are taken to acquire goods and products beyond their needs and financial strength. It hence appears that the loss of control of personal and family expenses and therefore the over-indebtedness. The general duty of renegotiation, derivate of objective good faith, proves to be a powerful instrument to combat these evils. It is that, through you, reconevant is a case in court or out, the objective and subjective bases of contract, avoiding the dumping of the consumer of the economic process. The legal logic built into its environment, founded on the principle of maintenance contracts and the general duty of cooperation is that, in contracts whose execution is protracted in time, the weaker party is entitled to review the basis of the contract, reconevant them, imposing, in this line of ideas, the supplier, the duty to cooperate to do so.