Rebuilding the social function of contracts

Abstract

The social function is one of the most instigating principles in contractual relations. In the social function, contractual limits become more fluid, in order to conform to social needs and expectations. With the new regulation of private relations, arising from the Economic Freedom Law (Law act 13.874/19), the economic characteristics of the social function, already covered in the Brazilian Federal Constitution of 1988, gained special importance. This study seeks to demonstrate how the individual and the social aspects need to work together in the new universe of private relations.