Memorando de entendimentos e a responsabilidade pré-contratual: efeitos jurídicos do instrumento

Abstract

The present study seeks to elucidate whether there are legal effects in the Memorandum of Understandings, an instrument used in business relations, able to propitiate the injured party rights by the sudden and unexpected breakage of the instrument. building up a logic based on norms, principles and doctrine, the work will seek to align and apply these within the possible concrete cases of the conclusion and rupture of the Memorandum of Understanding, observing any hypotheses of link obligation between the parties. Thus, the main points to be analyzed by the work are 1) the legal nature of the Memorandum of Understanding; 2) to pre-contractual civil liability, its principles and its differentiation from a preliminary contract; and 3) the analysis of the possible hypotheses of the obligational bond of the instrument