Abstract
This article analyzes the possibility of extending the hypothesis of flexibilization of the principle of obligatoriness of contracts, with focus on contractual revision or extinction, in cases of excessive onerosity regulated by the Brazilian Civil Code. The research is justified considering the need to establish a differential treatment for the standard contracts. The objective of this paper is to validate the application of article 478 of the Brazilian Civil Code, in a fair and safe way. To this purpose, an analysis of the theories about the theme and its adoption by the Brazilian law as well as a comparative study on the subject between Brazilian and German law is undertaken. The results were obtained through the application of legal dialectics as a method of approach; historical, comparative and functionalist methods were used in the research procedure and the bibliographic method was used on the investigation. As a result, we observe the existence of an axiological gap regarding the regulation of the revision/extinction of standard contracts in the Brazilian Civil Code, which urges for integration.
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