The interpretation of the contratual review standard of the Code of Consumer Protection
DOI:
https://doi.org/10.5585/prismaj.v7i2.1208Keywords:
Contratos. Interpretação. Revisão.Abstract
The present work aims to demonstrate the importance of the interpretation for the application of the Law. For so much, it analyses the concepts of indetermination of the standard and of indetermination of the language itself. It starts to list the criteria of interpretation, namely the literal thing, the significant context of the law, the will of the legislator, the teleological-objective and the accordance to the constitution. Finally, it draws the interpretative frame of the standard of contractual revision of consumption, on the basis of the interpretative presented criteria and it ends with the gentle interpretation of the signification of the terms excessive onerousness, like being the frame adapted before the prescriptive system and of the ethic-legal beginnings, in special the constitutional ones. It points out the importance of fixation of the interpretative frame of the standard of revision for the efficiency of the law, as well as for the national development.Downloads
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Published
2009-04-06
How to Cite
DE LACERDA, Heloísa Camargo. The interpretation of the contratual review standard of the Code of Consumer Protection. Prisma Juridico, [S. l.], v. 7, n. 2, p. 361–382, 2009. DOI: 10.5585/prismaj.v7i2.1208. Disponível em: https://periodicos.uninove.br/prisma/article/view/1208. Acesso em: 22 jul. 2024.
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