Direito - 06/05/2017
Conheça e Entenda 10 Classificações dos Contratos
O contrato é o negócio jurídico bilateral, ou plurilateral (acordo das partes e sua manifestação externa), pois depende de mais de uma declaração de vontade, que sujeita as partes à observância de conduta idônea à satisfação dos interesses de que regularam, visando criar, modificar, resguardar, transmitir ou extinguir relações jurídicas.
Feita a sucinta definição do contrato, vejamos 10 classificações do contrato:
1. Classificação quanto ao efeito:
a) Unilateral: consiste no contrato em que só uma da parte tem a obrigação, enquanto a outra apenas concorda com os termos, como no caso do contrato de doação pura.
b) Bilateral: é o contrato no qual há prestação e contraprestação estipulada entre as partes, como no contrato de compra e venda.
C) Plurilateral: trata-se da possibilidade da existência de vários polos no contrato, cada um com seus deveres e direitos distintos, sendo vontades próprias.
Vê-se, por exemplo, o contrato societário ou de consórcio.
2. Classificação quanto à onerosidade:
a) Gratuito ou desinteressado: dá-se quando apenas uma das partes tem vantagem em razão da manifestação de vontade da outra parte, como o contrato de mútuo simples (empréstimo de bem fungível).
b) Oneroso comutativo: configura-se pela prestação mútua e já estabelecidas consequências do cumprimento ou não do contrato, tendo cada parte uma obrigação para com a outra já determinada.
c) Oneroso aleatório por natureza: nesta espécie, o cumprimento do contrato é, naturalmente, incerto, dependendo para que aconteça de um evento futuro, como no contrato de jogo e no contrato de seguro.
d) Oneroso aleatório pela vontade das partes: ocorre pela convenção das partes em que se cria um contrato que embora oneroso, depende de um evento futuro e incerto, como os contratos de emptio spei e emptio rei speratae.
3. Classificação quanto ao momento da execução:
a) Instantâneo: leva-se em conta o momento de celebração e cumprimento do contrato, por ocorrer em um único ato.
b) Diferido: trata-se de hipótese em que o cumprimento do contrato se dá em momento posterior a sua celebração.
c) De trato sucessivo ou em prestação: aqui, o cumprimento do contrato se dá no decorrer do tempo, podendo, inclusive, ser modificado o acordado em razão da teoria da imprevisão.
4. Classificação quanto ao agente:
a) Personalíssimo ou intuitu personae: trata-se do contrato em que apenas uma determinada pessoa poderá cumprir o acordado, uma vez que foi celebrado em razão de suas características pessoais.
b) Impessoal individual: consiste na hipótese em que qualquer pessoa pode cumprir o contrato.
c) Impessoal coletivo: são contratos que envolvem várias pessoas, como as convenções coletivas de trabalho.
5. Classificação quanto à formação:
a) Paritário: configura contrato em que a celebração é de comum acordo, ambos elaborando as cláusulas fixadas.
b) Adesão: hipótese em que apenas uma das partes elabora as cláusulas contratuais e a outra apenas as adere.
c) Tipo: consiste em desdobramento do contrato de adesão, de modo a se utilizar um formulário em que umas das partes, tão e somente, preencherá.
6. Classificação quanto ao modo por que existem:
a) Principal: trata-se de contrato fruto da convergência de vontades, estabelecendo relação jurídica originária entre as partes.
b) Acessório ou adjeto: espécie de contrato que se constitui em função do contrato principal, sendo garantia ou complementação deste.
c) Derivado: configura um contrato novo que só surge em razão da existência de uma relação jurídica contratual pretérita. Não se comunica, porém com o contrato principal.
7. Classificação quanto à forma:
a) Solene ou formal: aquele contrato que deve respeitar os requisitos estipulados em lei para que haja sua validade.
b) Não solene ou informal: decorre da ausência de disposição legal específica, de modo a poder ser feito o contrato de qualquer forma.
c) Consensual: são aqueles contratos que se consideram formados pela simples oferta e aceitação.
d) Reais: são contratos em que só serão considerados firmados com da entrega da coisa objeto do negócio jurídico, como no contrato de mútuo.
8. Classificação quanto ao objeto:
a) Preliminar ou pactum contrahendo: consiste no contrato firmado em que as partes se comprometem a no futuro firmar o contrato definitivo, como no caso de promessa de compra e venda de um imóvel.
b) Definitivo: trata-se do contrato pelo qual - de fato – concretiza-se o negócio jurídico.
9. Classificação quanto à designação:
a) Nominados ou típicos: são os contratos previstos em lei, dando-se parâmetros legais a sua formação.
b) Inominados: são os contratos sem previsão legal, mas que a lei considera lícito desde que respeitadas às disposições gerais do direito contratual.
c) Misto: são aqueles contratos que tem por base um contrato nominado/típico, mas se acrescentam cláusulas de outros contratos, ou cláusulas atípicas, em razão da especificidade do negócio a ser firmado.
d) Coligados: são contratos que trazem duas prestações em razão de um único negócio, como a venda de automóvel e assistência técnica no mesmo contrato.
e) União de contratos: são contratos distintos e autônomos que são unidos por conveniência, como um contrato de moradia que se soma a um contrato de empreitada para construí-la.
10. Classificação quanto ao objetivo:
a) Contrato de aquisição: é a forma de contrato definitivo, no qual se tem a transferência definitiva e documental do bem.
b) Contrato de uso ou gozo: configura contrato que não tem a finalidade de transferir a titularidade do bem, e sim de permitir o uso por determinado tempo, devendo ser devolvido nas mesmas condições, ressalvado o desgaste natural.
c) Contrato de prestação de serviço: trata-se daquele contrato pelo qual o prestador de serviço se obriga a prestar pessoalmente ou por terceiro um serviço definido no contrato em favor do contratante.
d) Contrato associativo: é o contrato realizado entre duas ou mais pessoas na busca de um fim comum, como no contrato social ou de cooperativa.
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