Seen from the historical-cultural perspective, theoretical models of modernity, still present in law, are anachronistic before the increasingly complex and dynamic contemporary reality. In this scenario, and with the aim of providing a renewal of Brazilian Civil Law, the 2002 Civil Code was developed with several general clauses. Among them is the general clause of objective good faith and in the midst of its practical uses is its role in establishing the “attached duties”. The doctrine that discusses this topic, however, runs counter to the epistemological assumptions adopted in this study and thereby is insufficient and contradictory in relation to the understanding of today's contractual reality. Therefore, it is important to build a new rationale for objective good faith, starting from the critical-methodological approach. In this perspective, there is the need to think of an inter partes general duty. This, in turn, should find its foundation on cooperation and solidarity, in view of the prospective constitutionalization of the national civil law and the quest for civil law as an effective tool of autonomous but responsible human fulfillment.
Lucas Abreu Barroso and Laio Portes Sthel,
The Role of Objective Good Faith in Current Contract Law: For a General Duty of Inter Partes Cooperation and Solidarity,
8 J. Civ. L. Stud.
Available at: https://digitalcommons.law.lsu.edu/jcls/vol8/iss1/11