Globalization of contractual law

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Author :
Publisher : Frederico Glitz Consultoria Jurídica
ISBN 13 : 8591689925
Total Pages : 410 pages
Book Rating : 4.5/5 (916 download)

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Book Synopsis Globalization of contractual law by : Frederico Eduardo Zenedin Glitz

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

The CISG and its Impact on National Legal Systems

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866537298
Total Pages : 500 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The CISG and its Impact on National Legal Systems by : Franco Ferrari

Download or read book The CISG and its Impact on National Legal Systems written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

The Principles of BRICS Contract Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3031008448
Total Pages : 444 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Principles of BRICS Contract Law by : Salvatore Mancuso

Download or read book The Principles of BRICS Contract Law written by Salvatore Mancuso and published by Springer Nature. This book was released on 2022-08-09 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Collected courses of the Hague Academy of International Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Collected courses of the Hague Academy of International Law by : Hague Academy of International Law

Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 2000 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consumer Law and Socioeconomic Development

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Author :
Publisher : Springer
ISBN 13 : 331955624X
Total Pages : 472 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Consumer Law and Socioeconomic Development by : Claudia Lima Marques

Download or read book Consumer Law and Socioeconomic Development written by Claudia Lima Marques and published by Springer. This book was released on 2017-07-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

Private International Law in BRICS

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509966161
Total Pages : 671 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in BRICS by : Stellina Jolly

Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

U.S. Power and the Social State in Brazil

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Author :
Publisher : Routledge
ISBN 13 : 1000514412
Total Pages : 219 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis U.S. Power and the Social State in Brazil by : Júlio Cattai

Download or read book U.S. Power and the Social State in Brazil written by Júlio Cattai and published by Routledge. This book was released on 2021-12-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the elite-led efforts to transform the Brazilian legal order in the period between 1930–1975 and how U.S. Power played a major role in such a process. Besides the global circulation of ideas, the book discusses the Brazilian institutional development in the period. A profound "Crisis of Civilization" marked the first decades of the century: the references of space and time vanished with the vertiginous expansion of cities and industries, while a myriad of immigrants and former slaves were alleged to be threatening the country’s traditions. Brazilian elites blamed liberalism for such a "Crisis". Based on a decade of research, this book centralizes Brazilian history in liberalism and offers a genealogy of the jurisprudential and institutional struggles to correct the culture of laissez-faire. Using archival sources, it shows the direct U.S. influence on Brazilian thought and development. Recasting the history of legal ideas in the 20th century and providing novel interpretations on major political processes, it offers a rigorous and fresh look at the development of liberalism in the country. Covering five decades of history and offering a transnational approach involving the U.S. hegemonic role in Brazil, this book will be of interest to scholars and students of law, U.S. foreign policy, area studies and international relations.

Mentoring Comparative Lawyers: Methods, Times, and Places

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Author :
Publisher : Springer Nature
ISBN 13 : 3030347540
Total Pages : 306 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Mentoring Comparative Lawyers: Methods, Times, and Places by : Francesca Fiorentini

Download or read book Mentoring Comparative Lawyers: Methods, Times, and Places written by Francesca Fiorentini and published by Springer Nature. This book was released on 2019-11-22 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Proceedings of the ... Conference

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Author :
Publisher :
ISBN 13 :
Total Pages : 700 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Proceedings of the ... Conference by : Inter-American Bar Association

Download or read book Proceedings of the ... Conference written by Inter-American Bar Association and published by . This book was released on 1943 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tort Law in Portugal

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523301
Total Pages : 260 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Portugal by : Nuno Manuel Pinto Oliveira

Download or read book Tort Law in Portugal written by Nuno Manuel Pinto Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-07-21 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Actes Et Documents

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Publisher :
ISBN 13 :
Total Pages : 666 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Actes Et Documents by : International Institute for the Unification of Private Law

Download or read book Actes Et Documents written by International Institute for the Unification of Private Law and published by . This book was released on 2000 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:

O ESTADO DEMOCRÁTICO DE DIREITO E A EVOLUÇÃO JURÍDICA: a quebra de paradigmas frente às necessidades sociais

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Author :
Publisher : Lulu.com
ISBN 13 : 1105832481
Total Pages : 288 pages
Book Rating : 4.1/5 (58 download)

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Book Synopsis O ESTADO DEMOCRÁTICO DE DIREITO E A EVOLUÇÃO JURÍDICA: a quebra de paradigmas frente às necessidades sociais by : Renata Furtado de Barros

Download or read book O ESTADO DEMOCRÁTICO DE DIREITO E A EVOLUÇÃO JURÍDICA: a quebra de paradigmas frente às necessidades sociais written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-06-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reflexão democrática, em distintas temáticas jurídicas, é o objetivo dessa obra, sempre com o olhar no novo paradigma estatal de proteção e respeito à vontade popular.

Martindale-Hubbell International Law Directory

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Author :
Publisher :
ISBN 13 :
Total Pages : 2346 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Martindale-Hubbell International Law Directory by :

Download or read book Martindale-Hubbell International Law Directory written by and published by . This book was released on 1994 with total page 2346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

France, Belgium, Bulgaria, Poland, Portugal

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Publisher : Walter de Gruyter
ISBN 13 : 3866539223
Total Pages : 737 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis France, Belgium, Bulgaria, Poland, Portugal by : Wolfgang Faber

Download or read book France, Belgium, Bulgaria, Poland, Portugal written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-02-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal

Comparative Law and Multicultural Legal Classes: Challenge or Opportunity?

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Author :
Publisher : Springer Nature
ISBN 13 : 3030468984
Total Pages : 218 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? by : Csaba Varga

Download or read book Comparative Law and Multicultural Legal Classes: Challenge or Opportunity? written by Csaba Varga and published by Springer Nature. This book was released on 2020-07-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses legal education in multicultural classes. Comparative law education is now widespread throughout the world, and there is a growing trend in developed countries toward teaching global law. Providing theoretical answers on how to describe each legal culture and tradition side-by-side, it also explores educational methodological options to address these aspects without causing offence or provoking tension within a multicultural student community. The book examines nine countries on three continents, bringing together academic views and educational insights from ten scholars in the field of comparative law.

Estudos jurídicos em homenagem ao professor Haroldo Valladão

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Author :
Publisher :
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Estudos jurídicos em homenagem ao professor Haroldo Valladão by : Haroldo Valladão

Download or read book Estudos jurídicos em homenagem ao professor Haroldo Valladão written by Haroldo Valladão and published by . This book was released on 1983 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revista

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Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Revista by :

Download or read book Revista written by and published by . This book was released on 1975 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: