implied duties
[ɪmˈplaɪd ˈdjuːtiz]
nounpl: implied duties
deveres implícitos
1. Legal or contractual obligations that are not explicitly stated but are understood to exist based on the nature of the agreement, relationship, or applicable law
The employment contract included implied duties such as loyalty and confidentiality, even though they were not written in the agreement.
O contrato de trabalho incluía deveres implícitos, como lealdade e confidencialidade, ainda que não estivessem explicitamente escritos no acordo.
2. Obligations that are presumed to be necessary for the fulfillment of an express promise or the achievement of the contract's purpose
The landlord's implied duties include maintaining the property in habitable condition and making necessary repairs.
Os deveres implícitos do proprietário incluem manter o imóvel em condições habitáveis e realizar reparos necessários.
In both Brazilian and American legal systems, implied duties are fundamental to contract interpretation. Brazilian law (Código Civil) recognizes implied duties through principles of good faith (boa-fé) and contractual purpose. In the US, implied duties are enforced through common law and are particularly important in employment and landlord-tenant relationships. This concept reflects the legal principle that parties should act reasonably and in good faith, beyond what is explicitly written.
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