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Globalization of contractual law

Globalization of contractual law PDF Author: Frederico Eduardo Zenedin Glitz
Publisher: Frederico Glitz Consultoria Jurídica
ISBN: 8591689925
Category : Law
Languages : en
Pages : 410

Book Description
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.

Globalization of contractual law

Globalization of contractual law PDF Author: Frederico Eduardo Zenedin Glitz
Publisher: Frederico Glitz Consultoria Jurídica
ISBN: 8591689925
Category : Law
Languages : en
Pages : 410

Book Description
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.

Introdução à teoria geral da biblioteconomia

Introdução à teoria geral da biblioteconomia PDF Author: Ronaldo Vieira
Publisher: Interciência
ISBN: 6589367957
Category : Language Arts & Disciplines
Languages : en
Pages : 274

Book Description
Este livro que já se tornou uma referência no contexto da Biblioteconomia e da Ciência da Informação no Brasil, Ronaldo Vieira, nesta segunda edição, amplia o foco e traz um livro ainda mais abrangente e cuidadosamente estudado sobre a sua área de formação. Assim como aconteceu na primeira edição, Ronaldo Vieira mais uma vez dá um passo à frente e atualiza as reflexões sobre o contexto de pesquisa e trabalho dos bibliotecários na sociedade. Apresenta temas que estão na pauta dos estudiosos da área e também dentro das bibliotecas espalhadas pelo país. O papel da acessibilidade, a bibliologia, mediação de leitura literária assim como o papel fundamental das bibliotecas comunitárias no contexto da formação de leitores são alguns dos pontos fundamentais de discussão nesta nova edição. Um livro para todos os leitores. Vale o destaque humanista apresentado pelo autor sobre a área e a possibilidade de conhecer os debates em torno de questões de máxima urgência no contexto da sociedade da informação e do conhecimento. Sem dúvida, uma leitura obrigatória para aqueles que pretendem enveredar pelo campo da Biblioteconomia, conhecer um pouco mais essa ciência que se renova e acompanha as transformações tecnológicas e científicas do mundo.

International Encyclopedia Of Comparative Law Chapter 1 Introduction

International Encyclopedia Of Comparative Law Chapter 1 Introduction PDF Author:
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 52

Book Description


Highlights of Practical Applications of Scalable Multi-Agent Systems. The PAAMS Collection

Highlights of Practical Applications of Scalable Multi-Agent Systems. The PAAMS Collection PDF Author: Javier Bajo
Publisher: Springer
ISBN: 3319393871
Category : Computers
Languages : en
Pages : 455

Book Description
This book constitutes the refereed proceedings of the seven workshops co-located with the 14th International Conference on Practical Applications of Agents and Multi-Agent Systems, PAAMS 2016, held in Sevilla, Spain, in June 2016.The 37 full papers presented were carefully reviewed and selected from 77 submissions. The volume presents the papers that have been accepted for the following workshops: Workshop on Agents and Multi-Agent Systems for AAL and e-Health; Workshop on Agent-Based Solutions for Manufacturing and Supply Chain; Workshop on MAS for Complex Networks and Social Computation; Workshop on Decision Making in Dynamic Information Environments; Workshop on Intelligent Systems for Context-based Information Fusion; Workshop on Multi-Agent based Applications for Smart Grids and Sustainable Energy Systems; Workshop on Multiagent System based Learning Environments.

Constitutional Framework of European Labour Law in Italy, France, Germany, Portugal and Spain

Constitutional Framework of European Labour Law in Italy, France, Germany, Portugal and Spain PDF Author: Luís Gonçalves da Silva
Publisher: Springer Nature
ISBN: 303145717X
Category : Law
Languages : en
Pages : 160

Book Description
The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.

Contract Law in Brazil

Contract Law in Brazil PDF Author: Lisiane Feiten Wingert Ody
Publisher: Kluwer Law International B.V.
ISBN: 9403533110
Category : Law
Languages : en
Pages : 230

Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Brazil covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

História de Portugal

História de Portugal PDF Author: Fortunato de Almeida
Publisher:
ISBN:
Category : Portugal
Languages : en
Pages : 552

Book Description


Social Computing in Digital Education

Social Computing in Digital Education PDF Author: Fernando Koch
Publisher: Springer
ISBN: 3319396722
Category : Computers
Languages : en
Pages : 152

Book Description
This book constitutes the refereed proceedings of the First International Workshop, SOCIALEDU 2015, held in Stanford, CA, USA, in August 2015. The workshop aimed to discuss computational models of social computing applied to Digital Education. The 9 revised full papers presented were carefully reviewed and selected from 12 submissions. The papers address issues such as novel data mining and machine learning for social intelligence in digital education.- Social modelling and simulation to investigate social behaviours, emotional intelligence, influence processes and other social aspects that may influence learning performance in an educational environment.- Smart environments and interactive systems of social computing in digital education.- Analysis of social media and media intelligence in digital education.- Mobile social gaming in digital education.- The utilization of mobile and wearable technology in social systems in digital education, and others.

Private International Law in Brazil

Private International Law in Brazil PDF Author: Jacob Dolinger
Publisher: Kluwer Law International B.V.
ISBN: 9041192506
Category : Law
Languages : en
Pages : 225

Book Description
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.

Bibliographic Guide to Latin American Studies

Bibliographic Guide to Latin American Studies PDF Author: Benson Latin American Collection
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 974

Book Description