Intention, Trade Usage, and Good-Faith: the recent formalistic attack to contextualism in contractual interpretation

Authors

  • Leandro Martins Zanitelli Centro Universitário Ritter dos Reis/UniRitter

DOI:

https://doi.org/10.18836/2178-0587/ealr.v4n1p1-20

Keywords:

Corpo, estereótipo, imagem corporal, obeso

Abstract

Contextualism dominates contractual interpretation in Brazil due to the prevalence of will over text (Civil Code, art. 112) and the acceptance of trade usages and good faith as standards for interpretation and gap filling. Kraus and Scott (2009) accuse contextualism of violating parties’ autonomy and producing inefficiencies.  The argument’s limits are emphasized by buttressing the signaling function of form, i.e. the additional care with form can reveal the presence of distrust of one party towards the other.

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Author Biography

Leandro Martins Zanitelli, Centro Universitário Ritter dos Reis/UniRitter

Doutor em Direito pela UFRGS, Professor e Coordenador do Programa de Pós-Graduação - Mestrado Acadêmico em Direito do Centro Universitário Ritter dos Reis (UniRitter)

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Published

2013-08-19

Issue

Vol. 4 No. 1 (2013): Economic Analysis of Law Review

Section

Papers

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