A contratação na sociedade massificada e as condições gerais de contratação no direito alemão

In: Scientia Iuris: publicação anual do Curso de Mestrado em Direito Negocial da Universidade Estadual de Londrina, Band 24, Heft 2, S. 117-134

Abstract

This article examines the way in which German law interprets the general conditions of contracts, a subject that is very relevant to the contractual system of mass society. Currently, it is very common to use contracts accompanied by some general conditions. Therefore, this paper examines how the German Civil Code has permitted the inclusion of general conditions of contracts in legal transactions, as well as in situations in which the judge is authorized to check the content of the general conditions of the contract. This paper also studies its field of action and the way in which the general conditions of the contracts are to be interpreted. Finally, this research emphasizes that the German system has regulated the matter since 1976 and presents a much more structured legislation than in the Brazilian legal system, which has allowed the Germans a more general and more abstract control of the matter, ensuring greater legal certainty.