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 JUSTI A E DEMOCRACIA as novas perspectivas da hermen utica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Download or read book Environmental Law and Sustainability after Rio written by Jamie Benidickson and published by Edward Elgar Publishing. This book was released on 2011-08-31 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Download or read book Annual Report written by Instituto Universitário de Pesquisas do Rio de Janeiro and published by . This book was released on 1995 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society written by Melro, Ana and published by IGI Global. This book was released on 2019-03-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: National constitutions allow citizens to exercise full citizenship rights, leading to a growing importance in understanding these laws. This knowledge, more widespread thanks to the ever-growing use of digital networks, allows for more enlightened national citizens in every corner of the world. Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society is a pivotal reference source that analyzes how constitutional awareness occurs in various countries and how citizenship participation is encouraged through the use of digital tools. While highlighting topics such as mobile security, transparency accountability, and constitutional awareness, this publication is ideally designed for professionals, students, academicians, and policymakers seeking current research on citizens' lack of awareness of their rights.
Download or read book The International Handbook of Social Enterprise Law written by Henry Peter and published by Springer Nature. This book was released on 2022-12-29 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term “social enterprise” mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.
Download or read book LAW TECHNOLOGY AND INNOVATION written by Leonardo Parentoni and published by Expert Editora. This book was released on 2021 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: his book is part of the collection sponsored by the Brazilian Research Center on Law, Technology and Innovation – DTIBR, a private nonprofit interdisciplinary membership association that works to bridge academia and business, as well as publishing papers and books focused on cutting edge technologies and their legal aspects. The book assembles the best papers from the students, properly revised, in expanded and updated versions. Invited coauthors from other top-ranked universities in Brazil, as well as foreign scholars, also shared their thoughts, experience and impressions about that important subject. In the following pages, the reader will find 13 texts about many aspects of AI technology, not only in the legal field but also from the perspective of other areas, such as ethics, philosophy, computer sciences, medicine, civil law, business law, privacy and personal data protection.
Download or read book Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Download or read book National Union Catalog written by and published by . This book was released on 1978 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book Drowning in Laws written by John D. French and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1943, the lives of Brazilian working people and their employers have been governed by the Consolidation of Labor Laws (CLT). Seen as the end of an exclusively repressive approach, the CLT was long hailed as one of the world's most advanced bodies of social legislation. In Drowning in Laws, John D. French examines the juridical origins of the CLT and the role it played in the cultural and political formation of the Brazilian working class. Focusing on the relatively open political era known as the Populist Republic of 1945 to 1964, French illustrates the glaring contrast between the generosity of the CLT's legal promises and the meager justice meted out in workplaces, government ministries, and labor courts. He argues that the law, from the outset, was more an ideal than a set of enforceable regulations--there was no intention on the part of leaders and bureaucrats to actually practice what was promised, yet workers seized on the CLT's utopian premises while attacking its systemic flaws. In the end, French says, the labor laws became "real" in the workplace only to the extent that workers struggled to turn the imaginary ideal into reality.
Download or read book Seed Was Planted written by Cliff Welch and published by Penn State Press. This book was released on 2010-11-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that rural land and labor activism extend back to 1920s, at least in Säao Paulo state. Details interaction of rural workers with Vargas state, the Partido Comunista Brasileiro, Catholic Church, and other actors, and workers' responses to repression after 1964. Important antidote to generally ahistorical analyses of contemporary Movimento dos Trabalhadores Rurais Sem Terra"--Handbook of Latin American Studies, v. 58.
Download or read book Criminology and Criminal Policy Movements written by Eugenio Raul Zaffaroni and published by University Press of America. This book was released on 2013-04-03 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice.
Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups
Download or read book PROPRIEDADE PRIVADA E FUN O SOCIAL SEGUNDO O MARXISMO E A TEORIA CR TICA written by Felipe Frank and published by Lulu.com. This book was released on 2019-02-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: O presente trabalho corresponde à terceira parte expandida da dissertação de mestrado do autor, defendida em 07/04/2014 no âmbito da Faculdade de Direito da Universidade Federal do Paraná, sob a orientação dos professores Luiz Edson Fachin e Carlos Eduardo Pianovski Ruzyk. Na obra, o autor busca decompor a crítica do marxismo à propriedade privada para aclarar como se deu a construção de uma nova filosofia pautada pela luta de classes e como ela contribuiu para a criação da teoria crítica do direito, que propagou a noção de função social da propriedade.
Download or read book A look at development written by and published by Seven Editora. This book was released on with total page 2850 pages. Available in PDF, EPUB and Kindle. Book excerpt:
