Os contratos de distribuição frente á lei 10.406/2002 (novo código civil)

Abstract

The present article had as central objective to present the Contracts of Distribution front to the new dispositions brought by the Civil Code of 2002. Related historical aspects to contracts had been approached in general, since the time where the autonomy of the will was supreme inside of the contractual relations until its new clothes, whose principles of the objective good-faith and social function of the contract are its interpretation delineators. Precisely how much to distribution contracts, it was proceeded its characterization, conceptualization, characterization and confrontation with the Civil Code of 2002, in view of that before the promulgation of this code it did not have applicable specific legislation to this contractual type, that until then was considered as an atypical contract. In this bias, importance of contracts of distribution in the current economy was demonstrated to it, whose main objective is competition to the low cost of production and distribution, demonstrating itself that inside of the chain of commercialization, supplier and deliverer they are more than what contracting, are partners between itself, adding efforts in the search of the common good and inside of the contractual principles that surround this commercial activity, since its achievement until its final term. As for this, it was also treated in the ways of extinction of the distribution contract, feeling emphasis to the unilateral resilição, their requirements and implications, besides of economical order, tends in view the possibility that of the unilateral resilition badly operated can right ensejar to the compensation the harmed part. Finally, in having right to the compensation, the absence of legal parameters was approached for counting and delimitation of the amount to be compensated the harmed contracting party, what demands an effort of the Justice inside in the search of even and fair patterns of the native legal system.