1 Andres Romero Calvet Young chicken Blacksmith 2 Summary: Introduction; 1. The Contract of Location as a Contract Species of Adhesion; 2. A Legal relationship of Consumption; 3. The Conflict between the CDC and the Lease law; Conclusion; Bibliographical references. SUMMARY the present scientific article argues the legal possibility of the existence of clauses in a contract of location of property that foresee the resignation to the right of indemnity for the improvements introduced for the renter, as well as the resignation to the lien. In the seio of this doctrinal impasse it is the hermeneutic quarrel concerning the legal nature of contracts of location, and for consequence, if these could be conducted by the Code of Defense of the Consumer CDC.
The boarding of the subject if discloses of great importance mainly for the fact of the Brazilian doctrine not yet to assent in one ' ' solution correta' ' for this question, even so the Superior Court of Justice STJ already understands to be inapplicable the CDC to location contracts, in detriment of the application of the special law of locations Law 8.245/91. In this paper the thesis of the applicability of the CDC to the locatcios contracts is defended that represent a consumption relation (almost always they are also adhesion contracts). PALAVRAS-CHAVE Contract of Location; Rights of the Consumer; Lease law. INTRODUCTION Remembering for a moment the history of the humanity contemporary, is observed that when passing of the times the societies had always been in search of the ideals of equality and freedom that would give form to one ' ' Democratic state of Direito' '. By a the least in the theory, this Democratic State was reached here in Brazil.
The boarding of the subject if discloses of great importance mainly for the fact of the Brazilian doctrine not yet to assent in one ' ' solution correta' ' for this question, even so the Superior Court of Justice STJ already understands to be inapplicable the CDC to location contracts, in detriment of the application of the special law of locations Law 8.245/91. In this paper the thesis of the applicability of the CDC to the locatcios contracts is defended that represent a consumption relation (almost always they are also adhesion contracts). PALAVRAS-CHAVE Contract of Location; Rights of the Consumer; Lease law. INTRODUCTION Remembering for a moment the history of the humanity contemporary, is observed that when passing of the times the societies had always been in search of the ideals of equality and freedom that would give form to one ' ' Democratic state of Direito' '. By a the least in the theory, this Democratic State was reached here in Brazil.
Posted by: |