Contratos de colaboração empresarial na economia digital

atipicidade, inadimplemento e critérios de delimitação indenizatória

Abstract

The article analyzes non-standard business collaboration agreements in the digital economy, highlighting their flexibility, complexity and relevance in shaping new business models based on innovation and technology. The authors examine the evolution of these agreements in light of the insufficiency of legislated Private Law and the influence of globalization and new technologies. They also discuss the challenges concerning bilateral contracts and consideration in collaborative environments, especially within startups and unicorns, and put forward some criteria for assessing damages in cases of breach of contract, such as the “going business concern” principle, expert evidence, and business plan. The article emphasizes the importance of freedom and trust as the foundations of the contemporary digital economy.