Captivity mark as Foundation of Civil Liability for Risk in Prol Consumer

Abstract

The postmodern society can be seen as risk society. From the Ulrich Beck’s idea that the acquired knowledge allows the current development model, but its generates uncontrollable risks, this study attempts to make a validation of trademark captivity theory as the basis for civil liability for risk. The strength of the brands as fundamental goals in today’s economic process is seen as a vector of liability for consumers as a vulnerable class. The difficulty of consumers in the process of accountability for damages suffered in their relations is still present. The supply process is complex and is formed by a network arrangements which stresses the consumer’s vulnerability. The trademark captivity allows the identification of an economic group participants by sharing the brand. The proposal in this article, is to strengthen the idea of   captivity mark as accountability paradigm from the brand with the theory of risk, examining its feasibility framing the sole paragraph of Article 927 of the Brazilian Civil Code.The methodology will be based on a legal-economic aspect and depart from an inductive analysis and bibliographic surveys, with the theoretical framework of Ulrich Beck, Antonny Giddens and Claudia Lima Marques.