Download or read book A Third Path written by Melissa Teixeira and published by Princeton University Press. This book was released on 2024-03-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Brazil and Portugal experimented with corporatism as a “third path” between laissez-faire capitalism and communism Following the Great Depression, as the world searched for new economic models, Brazil and Portugal experimented with corporatism as a “third path” between laissez-faire capitalism and communism. In a corporatist society, the government vertically integrates economic and social groups into the state so that it can manage labor and economic production. In the 1930s, the dictatorships of Getúlio Vargas in Brazil and António de Oliveira Salazar in the Portuguese Empire seized upon corporatist ideas to jump-start state-led economic development. In A Third Path, Melissa Teixeira examines these pivotal but still understudied initiatives. What distinguished Portuguese and Brazilian corporatism from other countries’ experiments with the mixed economy was how Vargas and Salazar dismantled liberal democratic institutions, celebrating their efforts to limit individual freedoms and property in pursuit of economic recovery and social peace. By tracing the movement of people and ideas across the South Atlantic, Teixeira vividly shows how two countries not often studied for their economic creativity became major centers for policy experimentation. Portuguese and Brazilian officials created laws and agencies to control pricing and production, which in turn generated new social frictions and economic problems, as individuals and firms tried to evade the rules. And yet, Teixeira argues, despite the failings and frustrations of Brazil’s and Portugal’s corporatist experiments, the ideas and institutions tested in the 1930s and 1940s constituted a new legal and technical tool kit for the rise of economic planning, shaping how governments regulate labor and market relations to the present day.

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.

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.

Download or read book Basic Documents on International Trade Law written by Chia-Jui Cheng and published by Kluwer Law International B.V.. This book was released on 2012-04-27 with total page 2007 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.

Download or read book The Mitigation Doctrine written by Marcelo Lapolla PhD and published by iUniverse. This book was released on 2024-04-01 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “duty to mitigate loss” doctrine has been the object of study in many jurisdictions, which have interpreted and applied it in a wide range of situations and in different ways. In Brazil, however, only recent discussions have brought light to this subject. Worldwide, researchers have debated its nature – whether a duty or a principle – and the most proper way to address it (e.g.: if duty to mitigate loss or damages; duty to rescue; avoidable consequences doctrine). Studies have also detailed its application in different situations, such as in contracts and torts, among suppliers, consumers and national and international commerce, for instance. Ultimately, responding to the shift for globalized relations involving parties from different jurisdictions, the development of the doctrine and its standardization by Common Law courts, Civil Law codifications and international rules have allowed emerging countries to take advantage of the lessons learnt in more experienced systems and helped them regulate their own in the most suitable form. The purpose of this book is to provide an in-depth study of the “duty to mitigate loss” – from its origin to its current application in selected jurisdictions – so as to comprehensively come up with a proposition that is sufficiently adequate to fill the Brazilian legal framework gap diagnosed with respect to its effective regulation.

Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Compra E Venda No Direito Brasileiro written by José Franklin De Sousa and published by Clube de Autores. This book was released on 2024-07-07 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A grande inovação trazida pelo Código Civil de 2002 foi a inserção em seu rol de alguns contratos que pertencem ao direito comercial, tais como o contrato de comissão, de agência e distribuição, o de corretagem, o de transporte de pessoas e de coisas.

Download or read book Rela es de Consumo no Brasil written by Amanda Celli Cascaes and published by Editora Singular. This book was released on 2021-12-07 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trata-se de edição bilíngue que reúne 15 artigos de renomados advogados da área de defesa do consumidor que tratam de temas sensíveis como o regime de responsabilidades das plataformas de marketplace, a lei do Superendividamento e as relações de consumo no mercado digital. O trabalho foi elaborado pelo Comitê de Consumo do IBRAC que identificou a necessidade de tratar de decisões e temas contemporâneos de relações de consumo. Possivelmente agravada pela pandemia, identificou-se a situação em que operadores do Direito, por meio da iniciativa privada, órgãos de defesa do consumidor ou mesmo Poder Judiciário, precisaram se reinventar para trazer à sociedade respostas disruptivas, não mais encontradas exclusivamente em nosso Código de Defesa do Consumidor. Novas tecnologias trouxeram inovação às relações de consumo. Modelos disruptivos de negócios consumeristas foram surgindo e se tornaram realidade entre nós. Plataformas de intermediação, economia de compartilhamento, proteção de dados, aprimoramento do e-commerce, foram alguns dos temas que precisaram ser aprofundados e enfrentados pelos operadores do Direito, de modo a apresentar à sociedade de consumo diretrizes para o seu efetivo funcionamento. Do ponto de vista processual, novos temas também começaram a ocupar espaço no dia a dia. A sobrecarga do Poder Judiciário justificou o estudo aprofundado de on line dispute resolutions, como forma alternativa de soluções de conflitos. Os danos coletivos, em casos de violação a direitos individuais homogêneos, também passaram por reflexões perante o Superior Tribunal de Justiça. Assim, com o objetivo principal de agregar tecnicamente aos principais e atuais temas que circundam as relações de consumo em nosso país, nosso grupo entrega mais esse trabalho coletivo que, acima de qualquer coisa, é motivo de orgulho e satisfação.

Download or read book National Union Catalog written by and published by . This book was released on 1970 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.

Download or read book 2007 written by Paul Volken and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.

Download or read book The National Union Catalog written by and published by . This book was released on 1961 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American and Foreign Commercial Law Emphasizing Legal Difficulties in Foreign Trade written by Francis Maurice Anderson and published by . This book was released on 1939 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law in Brazil written by Lisiane Feiten Wingert Ody and published by Kluwer Law International B.V.. This book was released on 2021-05-20 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Brazil covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

Download or read book Bulletin written by Pan American Union and published by . This book was released on 1920 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

Download or read book Bulletin of the Pan American Union written by Pan American Union and published by . This book was released on 1920 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: