Contracting in the mass society

Abstract

The present paper analyzes the contractual system established in the mass society. Initially, the paper brings a brief reflection on the classical liberal conception of contract, which was particularly important in the nineteenth
century. From there on, the paper introduces the model of contracts affected by dirigisme, which appeared in the early twentieth century and was fundamental for the development of the current contractual system established by the mass society. It is also emphasized that standard form contracts, often accompanied by general conditions of contract, are prevailing in the mass society. In this sense, the paper analyzes the protection of standard form contracts and general conditions of contract by the Brazilian Civil Code and Brazilian Consumer Law. Finally, it highlights the need for a revision of Brazilian legislation to improve the protection of contractors, pointing out that in many European countries, such as Germany, Portugal and  Spain, this subject has much more structured legislation.