Sales of properties and related transactions contracts: an analysis of abusive clauses

Abstract

The contractual right is based on the objective of balancing the two poles of the relationship, that is, it is not appropriate that one of the parties has greater advantage over the other. One of the ways to put one of the parties at an excessive disadvantage in relation to the opposite side is through the "abusive clauses", present in some consumerist contracts and that should be considered null, without this matter, at first, in distraction.  Unfair terms in purchase and sale contracts affect the rights of the consumer and may, as a result, cause moral damage in the form of civil liability. The idea is that contracts are made and reviewed by legal professionals, because they are technically prepared to avoid abusive clauses and remove them. In addition, there are abusive clauses that are apparently lawful, so it is up to the contract lawyer to guard his client and make the principles of contractual ethics and good faith prevail. The methodology of this work is the literature review, regarding the design of the research, and the analysis of the data is qualitative. That said, scientific articles, doctrines, legislative acts and judgments are used to compose the material basis of the research. In the final considerations, the main contents of each chapter are revisited and, at the end, the question, exposed in the introduction, is answered in this way: the contractual review is a mechanism that combats excessive burdens for one of the parties and discredits some abusive clause. Thus, the contractual balance is restored as well as respect for human dignity and fundamental rights of the injured party.