MORALITY AS A LIMIT ON THE PRIVATE AUTONOMY

Abstract

This present paper seeks to analyze the principle behind the private autonomy, essentially within Portuguese law. Initially, the paper intends to verify how foreign law deals with the theme, focused on the limitations imposed by the correspondent legal statutes, considering ideas such as the “social function of the contract” (função social do contrato) and the general interests of the community. Then, it aims to obtain the extent of the concepts regarding “morality” and “good morals” within Portuguese precedents, in order to defne the applicable legal framework