Exclusion and limitation of liability clauses in contracts and article 946-A of the Proposed Reform of the Brazilian Civil Code

Abstract

Although widely recognized in contract law, clauses that limit or exclude liability are not regulated under the current system of obligations, attracting significant attention in relation to Article 946-A of the proposed reform to the 2002 Civil Code. This brief study aims to outline positions from legal doctrine and case law that led to the draft reform of the Brazilian Civil Code, while maintaining a critical and constructive analysis.