A obrigação nos contratos mercantis: uma análise da cláusula de melhores esforços

Abstract

The aim of this study was to analyze the obligation in commercial contracts and the best efforts clause. Thus, we sought to assess the binding force of contracts, explain the principle of good faith, make brief considerations about the commercial contract; define commercial contract; discuss the obligation in commercial contracts and the best efforts clause; and verify if the adoption of the “best efforts” clause creates an obligation for the parties, among others of equal relevance to the development of the work. The research's method of approach is classified as deductive; as for the method of procedure, it is of a descriptive nature, based on bibliographic and documentary research, as it was sought in the doctrine, in the national legislation, in the articles, in the decisions of the superior courts, among other sources, elements for a better understanding of the theme. With the result of the research, it was possible to conclude that the doctrine taken to the judiciary has contributed to the renewal of recent homeland jurisprudence on the subject. To analyze the best efforts clause in an updated way within the scope of commercial contracts, according to the Brazilian business reality, recognizing and granting them effectiveness, based on principles accepted in private law, with the verification of market parameters, when Brazilian entrepreneurs are thankful