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Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Category : Law
Languages : en
Pages : 353
Get Book Here
Book Description
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.
Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914293
Category : Law
Languages : en
Pages : 337
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Book Description
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.
Author: Rodrigo Momberg
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
This article provides a description of the past and current initiatives on the harmonization of contract law in Latin America. Private international law instruments of unification are described, providing a summary of the regional Latin American integration efforts and its impact on the harmonization of private law. The article also examines the most recent academic initiative of harmonization -- the project for the drafting of the Principles of Latin American Contract Law.
Author: Edgardo Muñoz
Publisher:
ISBN: 9789490947033
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
This is the first and most comprehensive comparative study on modern sales law in Latin America, Spain, and Portugal. The book deals with a great number of court decisions and arbitral awards, including the most up-to-date Ibero-American jurisprudence developed by the highest national courts and International Chamber of Commerce Arbitral Tribunals. It offers solutions developed by the Ibero-American laws to specific events related to the sales contract and it constitutes a contribution to legal scholarship in sales law. The approach taken will be useful for law practitioners and researchers looking for a straightforward and well-supported legal answers.
Author: Gloria M. Alvarez
Publisher: Kluwer Law International B.V.
ISBN: 904119973X
Category : Law
Languages : en
Pages : 462
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Book Description
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.
Author: Manuel Gómez
Publisher: Springer
ISBN: 3319654039
Category : Political Science
Languages : en
Pages : 349
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Book Description
This book, part of the Stanford Law School research project on the future of the legal profession, thoroughly examines the future of “big law,” defined as the large and mid-size multiservice highly specialized law firms that provide sophisticated, complex and generally costly legal work to multinationals, large and mid-size domestic corporations, and other business clients. By systematically gathering, assessing, and analyzing the best available quantitative and qualitative data on the first tier of the corporate legal services market of Latin America and Spain, and interviewing a broadly representative sample of corporate legal officers, law firm partners, and other stakeholders in each of the countries covered, this book provides a nuanced perspective on changes in “big law” during the last two decades until the present. It also explores the factors that are driving these changes, and the implications for the future of legal profession, legal education and its relationship with the corporate sector and society in general.
Author: María Mercedes Albornoz
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Nowadays, party autonomy is a world-wide accepted principle in the field of international contracts entered into by companies or individuals. In Latin America, however, some countries do not accept it. Unfortunately, there is no international convention unifying the determination of the law of international contracts in force in all Latin American states. Although some of the treaties ratified by these countries do admit the parties' right to select the lex contractus, the terms and scope of such acknowledgment may vary from treaty to treaty. Also, at the level of national sources of law, while some countries have legislation or case law that expressly allows party autonomy, others are still reticent to the idea of letting the parties choose the law that shall govern their international contracts. The traditional territorialism of the Latin region of the American continent has caused the assimilation of party autonomy to be very slow. Nevertheless, in recent years, a remarkable phenomenon has taken place: even the most reticent states, certainly compelled by the pressures of international commerce and by the regional integration's needs, have signed treaties on international arbitration, where the choice of the law applicable to the substance of the controversy is expressly accepted. Although these treaties only apply to international contracts subject to arbitration proceedings, they are helping to, gradually, fissure the states' resistance to party autonomy. But it is necessary to recognize that the legislators' and judges' deep-rooted mentality changes required for a general admission of choice of law in international contracts could still take some years. In the meanwhile, what happens in day-to-day practice? Is there any alternative for the parties who desire to exercise their autonomy by selecting their contract's law? This might be important both for a foreign party - used to choosing the law of its international contracts - and for a party established in a Latin American country where no choice of law is permitted or where that choice is subject to restrictions. This article presents a wide panorama of the multilateral treaties and the national laws dealing with the determination of the law of international contracts in force in Latin American countries, including references to the case law available to the public. Furthermore, it focuses on some states' resistance to adopt party autonomy by exploring the causes of such attitude, the consequences it can bring, as well as the possible options for the affected parties. In addition, it notes a quite recent fissure to this resistance, introduced via international arbitration. Finally, it stresses the need for a uniformed or - at least - harmonized regulation in all Latin American countries, allowing the parties to choose the law of their international contracts. Looking for the legal certainty essential for the development of international commerce, and without neglecting the state's fundamental interests, different ways for achieving this goal are proposed.
Author: Juan Javier del Granado
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Nothing excites civilian lawyers and judges more than commissions for codification. Codification is more than an academic enterprise. Codification projects directly cut across the interface between law and life. ALACDE intends to harness this Latin American interest in codification to bring the economic approach to Latin America. A new-generation law and economics civil and commercial code will be a conscious project to restate Roman law's usefulness for coping with today's problems. Through law and economics, Roman law will renew itself. As a paradigmatic private-law system, Roman law is eminently amenable to a state-of-the-art fusion with law and economics. Sensitivity to what drives a particular legal culture is vital to a project meant for generating interest in law and economics among a new generation of Latin American lawyers and judges. We feel that the economic approach to law can only have an impact within the legal and social environment of Latin American countries if law and economics adapts to Latin America. Our suggested adaptation is the use of codification.
Author: James J. Heckman
Publisher: University of Chicago Press
ISBN: 0226322858
Category : Law
Languages : en
Pages : 585
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Book Description
Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation. Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers. Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
Author: Dennis Campbell
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 780
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Book Description
