Dever de informar versus dever de manter-se informado: a boa-fé nos contratos

Abstract

Starting from the conception of the obligation as a complex legal relationship, the creditor does not only have the powers and faculties to collect and receive the credit, but also to observe legally obligations of conduct, such as, for example, the duty not to aggravate the situation of the debtor and to contribute to the materialization of the payment. Notwithstanding the certainty that the parties must act cooperatively to comply with the obligation, jurisprudence and doctrine find it difficult to analyze the extent of the parties cooperation in the beginning, execution and conclusion of contracts. In order to explore the subject, specifically in what concerns the pre-contractual phase, this paper proposes a reflection from a case study and, to develop the contours of the proposed issues, analyzes the concept of good faith in the contracts and the duties that result from it.