Download or read book Princ pio da Autonomia da Vontade nos Contratos Internacionais written by Carlos Eduardo Andrade and published by Editora Dialética. This book was released on 2024-07-02 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intrincado e, ao mesmo tempo, relevante. A admissibilidade da teoria da autonomia da vontade repercute na pertinência do Direito material aplicável aos contratos internacionais, pertinência essa denominada pela doutrina do Direito internacional privado de questão de fundo. Considerando que o tema do Direito internacional privado é por demais amplo, o foco do presente trabalho é o estudo do princípio da autonomia da vontade. Contudo, o conceito de contrato internacional, pressuposto para a compreensão do assunto, não foi relevado, e os limites ao princípio sob análise constituíram uma tônica no projeto. Com a finalidade de empreender a análise de cada tópico oportunamente, a estrutura do trabalho é composta por introdução, capítulo preliminar, princípio da autonomia da vontade, limites ao princípio da autonomia da vontade no Direito internacional privado, direito positivo e jurisprudência brasileiros e conclusão.
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 Arbitration Law of Brazil written by Joaquim T. de Paiva Muniz and published by Juris Publishing, Inc.. This book was released on 2006-11-01 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration Law of Brazil: Practice and Procedure is a timely contribution to the development of commercial arbitration in Brazil, as it provides international practitioners and arbitrators with a useful reference tool to understand the Brazilian arbitral framework. Without sacrificing scholarly rigor, it provides a clear commentary on Brazilian arbitration legislation from a practical perspective, addressing the most relevant points in a direct and instructive manner, so that even someone unfamiliar with Brazilian law can comprehend all issues. This work reflects the experience of the authors, who are among the most prominent arbitration practitioners in Brazil. Both authors have long been committed to the development of arbitration, through teaching classes, organizing seminars and writing articles, not to mention their work on the Arbitration Committee of the Rio de Janeiro State Chapter of the Brazilian Bar Association, the first institution in Brazil to help develop and improve alternative dispute resolution mechanisms. Besides the authors' work, this book also contains in its appendices articles from other leading Brazilian scholars analyzing relevant issues in connection with arbitration in Brazil. This provides an enlightening combination of practical background and academic debate."--Publisher's website.
Download or read book Settlements of Trade Disputes between China and Latin American Countries written by Dan Wei and published by Springer. This book was released on 2015-07-06 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a wealth of highly original and innovative analyses and case studies, this book examines the strategic ties between various emerging economies, their different approaches to finding mutual trade solutions, and new trends in the use of contingent protection. The research methodology can also be applied to the study of specific Latin American countries or other developed or developing states in comparison to China. The book presents new theories and offers a valuable template for further studies in this area. Further, the application of the New Haven approach can further develop the studies' potential to offer guidance in a broader context.
Download or read book 2005 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Download or read book Yearbook of Private International Law written by P. Sarcevic and published by sellier. european law publ.. This book was released on 2006-06-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments
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.
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 Contratos internacionais written by Celso Ribeiro Bastos and published by . This book was released on 1990 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Estudos jur dicos sobre investimento internacional written by and published by . This book was released on 1980 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of articles on foreign investment covering: taxation of multinational corporations, foreign loans, taxation of capital gains derived by non-residents, transfer of technology, the concept of resident, etc. The articles focus principally on Brazil, but some of them cover the law of other countries.
Download or read book Revista da Faculdade de Direito da Universidade Federal do Rio Grande do Sul written by and published by . This book was released on 2002 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Download or read book Energy Law and Regulation in Brazil written by José Augusto Fontoura Costa and published by Springer. This book was released on 2018-03-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.
Download or read book A History of Academical Dress in Europe Until the End of the Eighteenth Century written by W. N. Hargreaves-Mawdsley and published by Praeger. This book was released on 1978 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text goes country by country examining dress within schools and classes.
Download or read book Enforcing the Rule of Law written by Enrique Peruzzotti and published by University of Pittsburgh Pre. This book was released on 2006-04-07 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.
Download or read book Civil and Commercial Mediation in Europe set Vols 1 2 written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Download or read book Doing Business 2019 written by World Bank and published by World Bank Publications. This book was released on 2018-11-30 with total page 1734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixteenth in a series of annual reports comparing business regulation in 190 economies, Doing Business 2019 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. This edition also presents the findings of the pilot indicator entitled 'Contracting with the Government,' which aims at benchmarking the efficiency, quality and transparency of public procurement systems worldwide. The report updates all indicators as of May 1, 2018, ranks economies on their overall 'ease of doing business', and analyzes reforms to business regulation -- identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. Almost 140 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground.
