Cláusulas cíveis contratuais referentes a bens intangíveis nas startups

Abstract

Civil contractual clauses aim to regulate intangible assets and the wealth produced, in their entirety, observing the objectives as the main focus and the opportunities that may arise in their development, in order to provide greater contractual security.

Therefore, this research aims to demonstrate the importance of clarity, objectivity and comprehensiveness of civil clauses in judicial transactions involving STARTUPs that are created with the intention of implementing a new behavior, a new idea, and being accepted by society and the market, has chances of unimaginable growth. In this sense, the clauses will be updated, providing greater security to the creating parties and adapting to each phase during its existence.

The methodology used in this Article was research in different modalities, one of which was the observation of legal actions that are being processed by the Courts discussing contractual clauses, informal conversations with entrepreneurs, Accountants and Lawyers. Although contracts and clauses are already a subject that has been covered extensively, there are not many publications that specifically focus on the discussion of clauses relating to intangible assets in STARTUPs, which despite the name, will be based on the same operation as a business activity. Among the authors cited, Silva (2019); Franco (1991); Chagas (2019); Feigelson (2018); Barboni Junior (2022), Barbosa (2018); Oliveira (2019); Pimentel (2012); between others. There are few publications that refer to Startup contracts, which challenged and encouraged the present study.

Keywords: Contracts. Clauses. Security. Suitability.