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Author: Salvatore Mancuso Publisher: Springer Nature ISBN: 3031008448 Category : Law Languages : en Pages : 444
Book Description
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.
Author: Salvatore Mancuso Publisher: Springer Nature ISBN: 3031008448 Category : Law Languages : en Pages : 444
Book Description
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.
Author: Eugênio Battesini Publisher: Kluwer Law International B.V. ISBN: 9403536780 Category : Law Languages : en Pages : 181
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Brazil. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Brazil. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author: Marcelo Lapolla PhD Publisher: iUniverse ISBN: 1663261385 Category : Law Languages : en Pages : 166
Book Description
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.
Author: Vicente, Dário M. Publisher: Edward Elgar Publishing ISBN: 1789905818 Category : Law Languages : en Pages : 496
Book Description
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.
Author: Felipe Frank Publisher: Lulu.com ISBN: 0359437125 Category : Law Languages : en Pages : 124
Book Description
O presente trabalho corresponde à segunda parte expandida da tese de doutorado do autor, defendida em 29/09/2017 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 promover uma investigação minuciosa sobre os planos da existência, da validade e da eficácia do pacto antenupcial segundo uma perspectiva dogmática crítica, oferecendo-se, com isso, a base teórica necessária para colocar em debate seus limites e possibilidades, em especial no tocante ao direito sucessório brasileiro e à possibilidade de se dispor a respeito da concorrência sucessória no pacto antenupcial.
Author: Mauro Pinho Publisher: Seven Editora ISBN: Category : Antiques & Collectibles Languages : en Pages : 1915
Book Description
Temos o prazer de lançar o primeiro livro internacional do ano de 2022 voltado a área do desenvolvimento, que tem como título Principles and concepts for development in nowadays society, essa obra contém 152 artigos voltados a área multidisciplinar, sendo a mesma pela Seven Publicações Ltda. A Seven Editora, agradece e enaltasse os autores que fizeram parte desse livro. Desejamos uma boa leitura a todos
Author: Dobrochna Bach-Golecka Publisher: Springer Nature ISBN: 3030670007 Category : Law Languages : en Pages : 458
Book Description
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Author: Maria Tereza Camargo Biderman Publisher: Disal Editora - Bantim, Canato e Guazzelli Editora Ltda ISBN: 8578441427 Category : Reference Languages : en Pages : 440
Book Description
Mais de 700 verbetes nas áreas de finanças, economia, bancos, mercado de capitais, e bolsa de valores. Cada verbete se faz acompanhar do tempo correspondente em inglês. Um índice reverso lista os termos em inglês com seu equivalente em Português para facilitar a consulta a esses vocábulos ingleses, esclarecendo seu sentido e uso no Brasil.
Author: Ewoud Hondius Publisher: Springer ISBN: 3319187597 Category : Law Languages : en Pages : 517
Book Description
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Author: Salvatore Mancuso
Author: Salvatore Mancuso
Author: Eugênio Battesini
Author: Marcelo Lapolla PhD
Author: Erivaldo de Jesus
Author: Vicente, Dário M.
Author: Felipe Frank
Author: Mauro Pinho
Author: Dobrochna Bach-Golecka
Author: Maria Tereza Camargo Biderman
Author: Ewoud Hondius