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 The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Download or read book Os Contratos No C digo Civil written by JOSÉ Franklin De SOUSA and published by . This book was released on 2020-06-04 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: O negócio jurídico é uma declaração de vontade, ou um complexo de declarações de vontade, destinadas à produção de determinado efeitos que o ordenamento jurídico reconhece e garante, enquanto lícitos, e correspondes à vontade declarada. É a manifestação de vontade de uma ou mais partes que visa a produzir um efeito jurídico. O substrato real do negócio jurídico é fornecido pelo fenômeno da autonomia privada, que possibilita ao indivíduo dar, por si mesmo, regra aos próprios interesses.Na concepção clássica, vinda dos pandectistas, por negócio jurídico entende-se a declaração de vontade, enquanto na teoria preceptiva pretende-se que se caracteriza por meio da auto-regulamentação dos próprios interesses. No direito romano, a convenção era gênero, integrado pelas espécies pacto e contrato. O pacto era a convenção produtiva apenas de obrigações naturais. O contrato era a convenção, que engendrava obrigações civis. A convenção é o 'consentimento de duas ou mais pessoas par formar entre elas algum vínculo, ou para resolver um precedente, ou para modifica-lo'.Como dizia Pothier, 'a espécie de convenção que tem por objeto formar uma obrigação, é que se chama contrato'. O contrato, pois, é 'uma convenção pela qual duas ou mais pessoas prometem e se obrigam a dar, fazer, ou não fazer alguma coisa'. Os romanos empregavam a palavra contractus para exprimir qualquer acordo de vontades, sem excluir do conceito as condições modificativas ou extintivas de obrigações, ou as relativas aos direitos reais, que, como as produtivas de obrigações, resultam da reunião de vontades.Nos negócios jurídicos de natureza patrimonial, quer se tratem de obrigações, quer de direitos reais, normalmente e, salvo o escopo de pura liberalidade, concorre sempre a contraprestação do devedor. A liberdade não deve ser o princípio supremo dos contratos, pois, para que o contrato possa ser livremente concluído, é necessário repartir, equitativamente, a liberdade entre os contratantes.Se o contrato é um acordo de vontades que cria, modifica ou extingue relações jurídicas, de natureza patrimonial, sempre que a sua conclusão depender de acordo de vontades, para um dos fins indicados, haverá contrato, ainda que as suas condições sejam estabelecidas por regulamento ou hajam sido preparadas unilateralmente por uma das partes, como ocorre nos contratos de adesão.O regime do contrato administrativo inspira-se na ideia de serviço público, que embora imprecisa, funda-se em algumas leis, como a de continuidade do serviço público e a do primado do interesse geral. Esse regime caracteriza-se pela presença das chamadas cláusulas exorbitantes. Incluem a executoriedade e a ação de ofício, em que permitem à Administração criar direitos e obrigações e assegurar unilateralmente a execução das obrigações correlata a direitos seus.

Download or read book 2012 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 3064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 659,000 articles from more than 30,500 festschrifts, published between 1977 and 2011, have been catalogued.

Download or read book Contratos No C digo Civil written by José Franklin De Sousa and published by Clube de Autores. This book was released on 2023-04-24 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: A grande inovação trazida pelo Código Civil 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. O contrato de compra e venda não basta, por si só, para transladar o domínio da coisa que constitui seu objeto. A compra e venda é o contrato pelo qual alguém (vendedor) se obriga a transferir ao comprador o domínio de coisa móvel ou imóvel mediante uma remuneração, denominado preço. Em regra, a propriedade móvel se transfere pela tradição (entrega da coisa) enquanto a propriedade imóvel transfere-se pelo registro do contrato no Cartório de Registro de Imóveis (CRI). Portanto, o contrato de compra e venda traz somente o compromisso do vendedor em transmitir a propriedade, denotando efeitos obrigacionais (art. 482, CC). O contrato é translativo no sentido de trazer como conteúdo a referida transmissão, que se perfaz pela tradição nos casos que envolvem bens móveis, ou pelo registro, nas hipóteses de bens imóveis.

Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

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 Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Download or read book M A written by Philip Martinius and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essentials of mergers and acquisitions (M&A) practice can best be examined from a buyer's perspective. In a corporate transaction, it is the buyer who typically faces the more substantial risks. In many instances, legal problems exist of which the buyer must be aware before deciding to purchase the target company. The ongoing internationalization of the M&A market must also be taken into consideration. The integration of foreign concepts into local legal systems not only leads to a multitude of new questions, it also creates a challenge for any lawyer practicing in this area. Clients expect their professional advisors to handle legal problems likely to arise abroad and to communicate and cooperate efficiently with foreign counsel. The book features a collection of reports by experienced young practitioners from seventeen different jurisdictions, along with a general report for a working session organised by the Corporate Acquisitions and Joint Ventures and Tax Law Commissions of l'Association internationale des jeunes avocats (AIJA) for the AIJA Annual Congress in Lisbon in August 2002. Each national report follows the same structure as the general report, but from a local perspective. While the working session also covered tax issues (a whole other volume in itself!), this publication concentrates on such practical matters of legal risk as: powers of local authorities;determination of relevant market;conflict between antitrust authorities;time limits for negotiation and clearance;avoidance of multiple filings;standard notification clauses;protection of confidential information; andchallenge of competition authority decisions. A useful introduction on warranty and indemnity (W&I) insurance offers an insider's comprehensive outline of the latest developments in this field. The practical information in this book will be of great value to any lawyer dealing with M&A transactions, not only in the countries covered but in any country where M&A transactions occur, as these reports often contain valuable information and suggestions that hold true for other jurisdictions as well. AIJA LAW LIBRARY 14

Download or read book O desequil brio do contrato por ades o written by Sheila Keiko Fukugauchi Miyazato and published by Editora Dialética. This book was released on 2023-10-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A simples leitura deste livro demonstra não só a sensibilidade jurídica da autora, mas também a árdua pesquisa, a linguagem clara e objetiva, possibilitando o leitor a compreender esse tema pouco versado e abordado em apenas dois artigos do Código Civil brasileiro de 2002. Baseada em ponderações sistemático-teóricas, a autora ateve-se, ao dar ênfase ao desequilíbrio entre as partes no contrato por adesão, ponto nuclear de sua obra, e ao buscar a efetividade dos meios de equalização dessa relação jurídico-contratual: aos fundamentos propedêuticos do contrato sub-examine; à origem; à evolução e à tendência do contrato estandardizado; à natureza jurídica do contrato por adesão; aos princípios contratuais, sem olvidar do diálogo das fontes nas questões interpretativas, integrativas e corretivas; ao desequilíbrio do contrato por adesão indicando mecanismos de controle de cláusulas contratuais, tendo por base o direito europeu. Não há como negar a importância deste livro por traçar diretrizes teórico-práticas e os lineamentos para uma solução aos problemas engendrados pelo tema. Com suas reflexões sobre pontos nucleares da temática, aponta novos paradigmas. Oxalá, esta obra conduza os operadores do direito a uma tomada de consciência sobre essa problemática. A autora revela um firme conhecimento do tema e uma maturidade científico-jurídica. Trata-se de uma análise realista sobre o assunto, que merece o reconhecimento da comunidade jurídica."

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 Review of the Convention on Contracts for the International Sale of Goods CISG 2002 2003 written by Michael Maggi and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Download or read book International Encylopedia of Comparative Law Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America

Download or read book Manual de Direito do Trabalho written by Fßbio Villela and published by Elsevier. This book was released on 2012 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual De Direito Do Trabalho.

Download or read book Official Gazette written by Philippines and published by . This book was released on 1919 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.