Vol. 11 – Number 43 – 2020
LEGAL DENTISTRY COLUMN
Page 7
Contracts for promising specialties
Prof. Roberley Araújo Assad
– MSc PhD, Dental Surgeon CRO/PR-7497;
– Prof. of Graduate and Postgraduate Coordinator of Orthodontics – Cescage/Ponta Grossa;
– Graduate Professor and Coordinator of Postgraduate Orthodontics – Faculdade Herrero/Curitiba;
– Postgraduate Coordinator of Orthodontics – Soepar/Curitiba;
– Graduate Professor of Orthodontics – Ioa/Avantis/Curitiba – Joinville/SC;
– Graduating in Law – Dom Bosco/Curitiba;
– Orthoscience Scientific Reviewer.
The expansion of dentistry is notorious. It transcends “walls”, invades areas foreseen and unforeseen for some time, such as: Sports Dentistry, Labor Dentistry, Legal Dentistry, Hospital Dentistry, Digital Dentistry, Business Dentistry. Specialties such as these, with vast fields to be explored, require specific service contracts so that our qualified surgeon-dentists are protected with regard to their valuable performance.
A well written and specific bilateral contract in their area of expertise, which serves as a basis for their patients to sign, makes for greater security and respect in all aspects, because almost every day unfortunately colleagues come to us because of threats, processes or claims for compensation.
Principle of objective good faith
Often, however, it is reflected in the duty to inform the other party about important data for the formalization of a bilateral contract to provide services, with burden and its conviction about the business and its positioning during the existence of the relationship, so that it influences the interpretation of the contract, especially by the obligated party. Moreover, this hermeneutic-integrating function is the first of the functions recognized in objective good faith. In this way, it aims to avoid the only literal or merely formal fulfillment of the agreement. And the judge, in cases of judicial discussion about the true will of the parties, must take into account this spirit of good faith which must hover over the contract. Thus, the rule adopted in most legislation to the effect that declarations of will must be interpreted not so much in the literal sense, but in view of the real intention of the parties is a nuance of such ideas. It is this principle of interpretation that is inscribed in Article 113 of the Civil Code: Contract Law: “Article 113. Legal transactions must be interpreted in accordance with good faith and the practices of the place where they were concluded”. Another rule of interpretation is that of Article 114, which states that beneficial contracts are interpreted restrictively. After all, there is already an imbalance between the parties (of course desired by what benefits) and if their will is interpreted more favorably to the beneficiary, the imbalance may worsen. The law prefers a lesser benefit to a greater loss.
Examples for contracts in dentistry of promising specialties
We must always seek the OBJECT of the contract in any of the areas, and certainly the professionals who work in these promising specialties mentioned above are knowledgeable about each one, and so write one of the first clauses quoting it directly.
The contract is a clearly intentional human action. In the purchase and sale, the buyer intends to securitize the thing, and the seller intends to alienate it from its assets in exchange for a certain amount of money; in the lease, the tenant wants the good to use or enjoy for some time, while the landlord wants the monthly rental income; in the betting, the bettors want to risk something in view of a statistically possible gain, and so on. When hiring, the subject is aiming at a goal, which the legal rule says is achievable through certain actions. There is no contract without the characteristic intention of legal business (COELHO, 2012, p. 57).
The contract is an instrument, a bilateral legal business, where a series of clauses, provisions, as well as articles related to the objective of the contract, of negotiation are described. This instrument must have at least two declarations of will in addition to the treasury.
Maintaining clarity and good faith from the initial phases of the contract, i.e. from the preliminary phase, through the proposal phase and finally the acceptance phase, are essential for the contract to be considered legally valid and the wishes to be satisfied.
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