Relational contracts in Brazilian law: a misplaced concept

Authors

Abstract

Based on a pragmatic approach of contractual doctrine, we analyzed the possibility and pertinence of a category of its own to classify the so do called relational contracts. For this purpose, we studied the foreign origin of relational contracts and their reception in Brazilian law, as well as we examined the caselaw to discover how the doctrine is applied by Brazilian courts. In conclusion, we found that there are already contractual categories in the legal system (derived from the sources of law, doctrine and jurisprudence) that sufficiently cover the so-called relational contracts so that the creation of a dogmatic category of its own is not justified, although it is recognized the contribution of the doctrine, in principled terms, for the establishment of the new contractual paradigm in Brazilian law.

Author Biography

Stephanie Trindade Cardoso, Universidade de São Paulo (USP)

Mestre em Direito Civil pela Universidade de São Paulo. Especializanda em Direito Digital pela UERJ/ITS-Rio. Advogada e consultora jurídica.

Published

2025-07-30

How to Cite

Cardoso, S. T. (2025). Relational contracts in Brazilian law: a misplaced concept. Revista Brasileira De Direito Civil, 34(1), 313–360. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/1057