Private autonomy and objective good faith in the field of iura in re

Authors

  • Eduardo Nunes de Souza

Keywords:

Iura in re, private autonomy, objective good-faith.

Abstract

The principle of private autonomy has been historically developed in the sphere of contract law, away from the iura in re, which were guided by the logic of typical law previsions. In a contemporary perspective, however, and with the mitigation of the classic differences between iura in re and credit rights towards a common discipline of all patrimonial rights, it becomes possible to notice a relevant space of private autonomy also in the iura in re sphere. In this context, the incidence of objective good-faith in its various functions over this kind of juridical relation becomes an important and innovative application of this principle.

 

Published

2017-07-13

How to Cite

de Souza, E. N. (2017). Private autonomy and objective good faith in the field of iura in re. Revista Brasileira De Direito Civil, 4(02). Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/99