Abstract
This work aims to discuss of the existential contracts, and especially of the bigger incidence of the social function in those contracts than in the so-called profit contracts, due to the standard of essentiality. Existential contracts are opposed to profit contracts and their object is a good which is considered essential to a person’s life, deserving, therefore, a different protection, which shall be sharper. Through literature research and deductive and dialectical methods, it has been possible to conclude that the fact that a given contract is an existential consumer contract enables a bigger incidence of the social function over its substance than in other contracts in which the existential nature is less featured and the for profit nature is more patent.
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