Download or read book Private International Law in Brazil written by Jacob Dolinger and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 225 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 the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Download or read book General course of private international law written by Daniel Vignes and published by Martinus Nijhoff Publishers. This book was released on 1989-07-04 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."

Download or read book Introduction to Brazilian Law written by Fabiano Deffenti and published by Kluwer Law International B.V.. This book was released on 2016-11-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the only full-scale book in English on the law of a country that in recent years has emerged as a leading player on the world’s stage. Brazil’s markets have flourished as courts, legislators and a sophisticated legal elite have continuously adapted foreign rules to the country’s realities, giving Brazil a formidable edge in attracting foreign investors. Sixteen notable Brazilian authorities describe and analyse the laws, regulations and jurisprudence in all the major fields of legal practice and administration, paying detailed attention to such elements as the following: - the multiple interwoven sources of Brazilian law; - administrative agencies and procedures; - Brazil’s unique ‘social function of contracts’ principle; - corporate and related structures; - the new Brazilian civil procedure code and arbitration rules; - constitutional principles and judicial review; - fiduciary transfers and insolvency issues; - complex rules of criminal procedure; - mandatory succession rules; - labour law compliance; - private international law; and - taxation. Each chapter is followed by an up-to-date reference list of works both in English and in Portuguese. This book provides practitioners with information more than sufficient to navigate through any area of Brazilian law. Lawyers and scholars will find here an overview that will continue to be useful as a resource in facing and overcoming the challenges inherent in engaging with Brazil’s economy and legal realities.

Download or read book International Encyclopedia Of Comparative Law Chapter 1 Introduction written by and published by Brill Archive. This book was released on with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book 2006 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the “conflict process” is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.

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 827 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.

Download or read book 2004 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Jürgen Basedow, Jan von Hein, Dorothee Janzen, Hans-Jürgen Puttfarken, François Dessemontet, Tito Ballarino, Benedetta Ubertazzi, Willibald Posch, Roberto Baratta and Luigi Fumagalli, national reports from Spain, Poland and Israel, news from The Hague as well as texts, materials and recent developments.

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 Recueil Des Cours Collected Courses 1982 written by and published by Martinus Nijhoff Publishers. This book was released on 1983-09-14 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Download or read book Guide to the Law and Legal Literature of Argentina Brazil and Chile written by Edwin Borchard and published by . This book was released on 1917 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Codifying Choice of Law Around the World written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2014-04-30 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.

Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2005-07-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law (PIL) developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation on conflict of laws in torts, as well as an analysis of the Avello decision, which could create a new framework for the development of PIL in Europe. Additional articles focus on the national conflict systems of some European states. An important comparative study discusses the treatment of foreign tax laws and judgments in four major European countriesâ??United Kingdom, Germany, France, and Italy. The actual and controversial issue of registered partnership is discussed from the perspective of Spanish law. Additionally, an English translation of the latest national PIL codificationâ??the recent Belgian Codeâ??is included.

Download or read book Treatment of Foreign Law Dynamics towards Convergence written by Yuko Nishitani and published by Springer. This book was released on 2017-07-04 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

Download or read book La dimension sociale du droit international priv written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.

Download or read book Defining the Limits of Outer Space for Regulatory Purposes written by Olavo de Oliviera Bittencourt Neto and published by Springer. This book was released on 2015-05-14 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

Download or read book 2011 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume of the "Yearbook of Private International Law" includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book. Recent highlights include: - multiple nationalities in EU Private International Law - the European Court of Human Rights and Private International Law - parallel litigation in Europe and the US - arbitration and the powers of English courts - conflict of laws in emission trading - res judicata effects of arbitral awards

Download or read book Transnational Law of Human Mobility written by Emília Lana de Freitas Castro and published by Springer Nature. This book was released on 2020-07-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.