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Unpublished Paper
TRUST AND GOOD-FAITH TAKEN TO A NEW LEVEL: AN ANALYSIS OF INCONSISTENT BEHAVIOR IN THE BRAZILIAN LEGAL ORDER
ExpressO (2015)
  • Thiago Luis Sombra
Abstract

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection of the trust relationship drawn from behaviors inclined to arouse legitimate expectations. The kernel of the prohibition of inconsistent behavior, therefore, lies in the prohibition of conflicting behaviors against previous manifestations of will.

Keywords
  • Inconsistent behavior,
  • venire contra factum proprium,
  • loyalty protection,
  • trust,
  • good-faith,
  • contradictory acts,
  • damages,
  • injunction
Publication Date
July 20, 2015
Citation Information
Thiago Luis Sombra. "TRUST AND GOOD-FAITH TAKEN TO A NEW LEVEL: AN ANALYSIS OF INCONSISTENT BEHAVIOR IN THE BRAZILIAN LEGAL ORDER" ExpressO (2015)
Available at: http://works.bepress.com/thiago_sombra/2/