The contract is the most important tool of modern private law which undergoes naibolshe changes in the social environment surrounding it. In the present work we have tried to analyse at what stage of theoretical development there is a conventional law in the Brazilian and Latin American context.

In the work we have come to conclusion, that promulgation G razhdanskogo godeksa in Brazil became 2002 reflexion of long process of decomposition of the order based on individualism and liberalism, and formation of the new legal structure which are based on ethical and social values which purpose - to protect the fundamental concept: advantage of the person.

That it became possible, conventional law restoration has passed in Brazil through process of opening of system of regulation of the contract, ordering application and interpretation of norms of the basic standard documents (the Civil code and the code of protection of the consumer) in the light of three main principles - conscientiousness, social function of the contract and balance of treaty obligations.

It is hard to understand all width of theoretical and practical values of these principles which they find eventually. Interpretation and application of auxiliary principles and institutes which follow from conscientiousness, in a combination to what are based on social function of the contract, allow to interpret in a new fashion freedom of the conclusion of contracts from the philosophical and legal points of view. The balance principle enriches dialogue concerning a binding force of the contract which thus has prospect of development within the limits of contractual justice.

Besides it, studying of the mentioned principles has allowed us to enter the analysis of system of the conventional law of Brazil in wider context - the Latin American system of the conventional law. The research urgency reflects huge importance which the academic and enterprise communities give to a theme of harmonisation of private law in Latin America. Despite various preconditions, both communities search for joint decisions how to create and apply the right in the difficult modern economic and social validity. Conventional law harmonisation in Latin America costs on the agenda, and the researches spent in region, already allow to constitute a wide panorama of so-called general principles of the conventional law which are considered as communication basic elements between various legal rules.

Ways of search of deep sense of explanations which would be sufficient for understanding of a picture of the general principles of the conventional law in Latin America, were various, but two of them have got special value and develop in in parallel complementary way: the perception of legal Latin American system of private law as subsystems of the Roman Law and the following possible theoretical conclusion by working out new ius commune, the right based on the general principles, and project working out the Latin American principles of the conventional law which is very actual in view of attempts to understand a theoretical and practical reality of the conventional law in the region countries, for the purpose of creation of the legal tool of the harmonisation, which smog serves as the sample as for judges, arbitration judges and lawyers, and for those who develops laws in each of the countries considered by us.

The Latin American civil law has wide and richest culture which develops many romano-German legal traditions. Ways which each nation has passed for building of legal national system, have opened borders in understanding of legal phenomena. In our work we have tried to understand, at what stage of development there are the principles underlying the Brazilian conventional law, and to consider their actual position in a context of the Latin American system by means of definition of basic principles of the conventional law developed in region.

The author of work uses possibility to express the gratitude sincere, warm and executed respect to Professor V.V. Vezbahu who is the sample of the human supervisor of studies who since the moment of occurrence of the author of work at University of friendship of the people, supported and directed the author by means of the charisma, enthusiasm and competence and, first of all, by means of the deepest knowledge in the field of private law and comparative jurisprudence. The author also expresses huge gratitude

To teacher Alla Voronovoj, the present expert on Russian and Portuguese languages which thanks to the enthusiasm, patience and a friendly arrangement, has made this work possible.

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A source: Kosta Lazota Lukas Agusto. THE PRINCIPLES CONSTITUTING THE BASIS OF SYSTEMS OF THE CONVENTIONAL LAW OF BRAZIL AND OTHER COUNTRIES OF THE LATIN Americas. The dissertation on competition of a scientific degree of the master of laws. Moscow 2014. 2014

More on topic THE CONCLUSION:

  1. the Conclusion
  4. the Conclusion
  5. the Conclusion
  7. the Pathomorphologic conclusion
  13. the Conclusion
  15. the Conclusion