A aplicação da cláusula de raio nos contratos de locação de shopping center

The search for spaces and trade in shopping center has increased considerably, even with the crisis that involves all in Brazil. As a result, the importance of evaluating contract clauses has taken special importance for those involved. Thus, the scope of this article is to assess the validity condi...

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Bibliographic Details
Author: Pappen da Silva, Roberta
Format: article
Status:Published version
Publication Date:2019
Country:Brasil
Institution:Procuradoria Geral do Estado do Rio de Janeiro (PGERJ)
Repository:Revista Eletrônica da PGE-RJ
Language:Portuguese
OAI Identifier:oai:ojs.revistaeletronica.pge.rj.gov.br:article/57
Online Access:https://revistaeletronica.pge.rj.gov.br/index.php/pge/article/view/57
Access Level:Open access
Keyword:Shopping
Locação
Exclusividade
Raio
CADE
Lease
Exclusivity
Ray
Description
Summary:The search for spaces and trade in shopping center has increased considerably, even with the crisis that involves all in Brazil. As a result, the importance of evaluating contract clauses has taken special importance for those involved. Thus, the scope of this article is to assess the validity conditions for the use of radius clauses in shopping centers contracts, and this may or might not constitute an infraction of the economic order. Finally, through a brief exhibition on the “Administrative Council for Economic Defense – CADE” Process n. 08012.012740/2007-46, is analyzed in order to illustrate how the subject is addressed. In this way, through concepts and fundamentals that involve the subject, some decisions are discussed in order to allow a formation of opinion on the validity of the radius clause.