SPECIFIC CLAUSES AS A DISPUTE PREVENTION MEASURE

Abstract

This article addresses the inclusion of specific clauses in contracts to avoid ambiguous interpretations of the conditions established therein as a litigation prevention measure. Initially, the article discusses the general characteristics of the contract, its details, as well as its objective, subjective, and formal principles for existence in the real world. Next, the conditions contained therein are evaluated, addressing general, abusive, and specific clauses in order to emphasize the debate regarding the interpretation of contractual premises. This study aims to examine the incorporation of specific clauses into contracts as a mechanism to prevent ambiguous interpretations of the stipulated conditions, thereby serving as a preventive measure against litigation. The analysis begins with an overview of the general characteristics of contracts, including their nuances and the objective, subjective, and formal principles necessary for their existence in the factual realm. Subsequently, the contractual terms will be assessed, with particular attention to general, abusive, and specific clauses, to highlight the theoretical debate surrounding the interpretation of contractual provisions. The study concludes by analyzing the specific requirements for the effective implementation of clauses designed to mitigate or prevent legal disputes.