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
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.
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.
La tutela de los derechos difusos, colectivos e individuales homogéneos
Author: Antonio Gidi
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 822
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 822
Book Description
National Legal Bibliography
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 996
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 996
Book Description
DIREITOS HUMANOS: um debate contemporâneo
Author: Renata Furtado de Barros
Publisher: Lulu.com
ISBN: 1105150623
Category :
Languages : pt-BR
Pages : 579
Book Description
Publisher: Lulu.com
ISBN: 1105150623
Category :
Languages : pt-BR
Pages : 579
Book Description
30 anos do Código de Defesa do Consumidor / 30 years of the Consumer Defense Code
Author: Amanda Celli Cascaes
Publisher: Editora Singular
ISBN: 658635210X
Category : Law
Languages : pt-BR
Pages : 380
Book Description
A obra reúne estudos dos membros do Comitê de Relações de Consumo do IBRAC que analisam os principais temas das relações de consumo no Brasil após 30 anos da promulgação do Código de Defesa do Consumidor.
Publisher: Editora Singular
ISBN: 658635210X
Category : Law
Languages : pt-BR
Pages : 380
Book Description
A obra reúne estudos dos membros do Comitê de Relações de Consumo do IBRAC que analisam os principais temas das relações de consumo no Brasil após 30 anos da promulgação do Código de Defesa do Consumidor.
The Library of Congress Author Catalog
Author: Library of Congress
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 664
Book Description
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 664
Book Description
Cadernos do Programa de Pós-Graduação em Direito, PPGDir./UFRGS.
Author:
Publisher:
ISBN:
Category : Law
Languages : pt-BR
Pages : 686
Book Description
Publisher:
ISBN:
Category : Law
Languages : pt-BR
Pages : 686
Book Description
Selected Acquisitions
Author: Robert Crown Law Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 874
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 874
Book Description
Revista da Faculdade de Direito da Universidade Federal do Rio Grande do Sul
Author:
Publisher:
ISBN:
Category : Law
Languages : pt-BR
Pages : 548
Book Description
Publisher:
ISBN:
Category : Law
Languages : pt-BR
Pages : 548
Book Description
Código de processo civil comentado e legislação extravagante
Author: Nelson Nery Junior
Publisher: Editora Revista DOS Tribunais
ISBN: 9788520336373
Category : Civil procedure
Languages : pt-BR
Pages : 2000
Book Description
Apresenta tabela sobre as alterações havidas no Código de Processo Civil (CPC) de 17/01/1973 a 14/01/2010.
Publisher: Editora Revista DOS Tribunais
ISBN: 9788520336373
Category : Civil procedure
Languages : pt-BR
Pages : 2000
Book Description
Apresenta tabela sobre as alterações havidas no Código de Processo Civil (CPC) de 17/01/1973 a 14/01/2010.