Teoria geral dos contratos e o princípio da boa-fé-objetiva

This article deals with the general theory of contracts and the principle of objective good faith. The definition of the topic is based on the objective principle of good faith applicable to contracts. Therefore, the importance of this topic lies in the field of contracts. The general objective of this work is to verify the applicability of the principle of objective good faith in contractual relations, having as a legal basis the provisions of article 422 of the Brazilian Civil Code, and as a specific objective, it aims to theoretically test the concept of the Principle of Good Faith -objective conditioned on the Contract institute, as well as the contractual principles that govern the general theory of the Contract.

To carry out this study, the following questions were raised: What is the role of the principle of objective good faith in contracts. Article 422 of the Brazilian Civil Code describes the conduct that must be respected in contractual relationships.

Focusing on good faith, we operate with the principle of objective good faith in the contractual relationship. The assumptions considered for the problem are the following: Objective good faith has three functions: explanatory function, control function and comprehensive function. In contractual practice, adhering to the principle of objective good faith means that the contractor has the obligation to act honestly and faithfully from the beginning of the initial negotiations and even in the post-contractual phase.

The article was structured and the methodology used was the deductive method. It is concluded that both general and specific objectives were met, as well as the responses formulated to carry out this research were confirmed, accepting all the hypotheses initially raised.