Limitation of liability clause in Brazilian Law

Abstract

The article analyzes the content and scope of the limitation of liability clause. Such clause only relieves the defaulting party to indemnify, but it still has to fulfill the obligation. The said clause is encompassed within the autonomy of the will, but deals with the gradual discredit throughout the XXth. century, notably due to protective legislation of certain sectors of society. At last, the article focuses on limitation of the liability clause applicable to consumer matters, whose validity would be subject to certain requirements as to non-infringement of public policy, provision to the bilateral agreement, equality of the parties, and the nonremoval of the causative agent of the damage in the event of fraud or serious misconduct.