Vol. 8 No. 3 (2019)

In times of the Brazilian Economic Freedom Act and other legislative manifestations of drastic (sometimes excessive) appreciation of classical private autonomy, this issue of ||civilistica.com offers the reader several studies on private autonomy in general and, particularly, of contractual autonomy in contemporary law. We open with a fascinating foray into a fundamental work for liberal thought, The Adventures of Robinson Crusoe, through a study developed by Prof. Maria Celina Bodin of Moraes. Adalberto Pasqualotto’s article asks about the current value and devaluation of free enterprise, while the tendencies toward individualism and solidarity in civil and mercantile contracts are analyzed by Gilberto Fachetti Silvestre. The vicissitudes of the contractual relationships are investigated by Raphael Marcelino de Almeida Nunes, who talks about the efficient breach of contracts, by Francisco de Guimaraens and João Maurício de Abreu, who address the “rebus sic stantibus” clause, and also by Anissara Toscan, who comments the so-called restitution of the monetary equivalent. Autonomy in existential matters is also the subject of exciting studies. Luciana Dadalto and José Luiz de Moura Faleiros Júnior analyze the electronic living will, Fabíola Lobo ponders about the recent transformations of family law and Ana Paula Barbosa-Fohrmann and Luana Araújo investigate the limits of the autonomy of people with disabilities. In the field of civil liability, we also have the studies of Alexandre Pereira Bonna and Pastora do Socorro Leal on moral damages, as well as a deep analysis of civil liability in the light of Rawlsian theory, developed, in English, by Leandro Martins Zanitelli. Concluding the doctrinal contributions of the year, we also have an interesting article by Mauricio Boretto about the family enterprise in Argentine law, written in Spanish. We wish you all a great read and happy holidays!