Civil Liability for Activity of Risk and the Paradigm of Social Solidarity
Article Sidebar
Main Article Content
Abstract
The present paper analyses the expansion of the area of strict liability in the Brazilian civil law, due to exercise of risky activity, innovation embodied in article 927, sole paragraph, of the Civil Code, in the context of social solidarity, as substantiated in the Federal Constitution. To that end, we investigated the concept and the extension of term œrisk, the general rule of liability in Brazilian civil law, the cases of flexibility, the impact of such exception in respect of legal certainty and the points of convergence between the themes liability for risky activity and social solidarity. In conclusion, we indicate new directives to the most fair and effective application of the institute in focus.
Article Details
I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Veredas do Direito Journal, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Veredas do Direito Journal, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.
I (we) recognize that the Veredas do Direito Journal is licensed under a CREATIVE COMMONS LICENSE.
Licença Creative Commons Attribution 3.0
