Contratos Internacionais Luz Dos Princ Pios Do Unidroit 2004

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Contratos Internacionais Luz Dos Princ Pios Do Unidroit 2004

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Author : Lauro Gama
language : en
Publisher:
Release Date : 2006

Contratos Internacionais Luz Dos Princ Pios Do Unidroit 2004 written by Lauro Gama and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Contracts (International law) categories.

No presente trabalho, estudaram-se os Princípios decantados pelo Instituto para a Unificação do Direito Privado (UNIDROIT) sobre contratos internacionais comerciais, identificando-se a corrente jusfilosófica que presidiu a sua gênese. Uma vez fixada a natureza jurídica desses princípios, perpassaram-se os cenários propícios para a respectiva aplicação, tocando-se, inclusive, sua utilização por parte dos julgadores, sejam eles árbitros ou juízes. A obra termina referindo-se à aplicabilidade dos Princípios, sem se esquecer do contexto brasileiro.

Globalization Of Contractual Law

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Author : Frederico Eduardo Zenedin Glitz
language : en
Publisher: Frederico Glitz Consultoria Jurídica
Release Date : 2014-12-01

Globalization Of Contractual Law written by Frederico Eduardo Zenedin Glitz and has been published by Frederico Glitz Consultoria Jurídica this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.

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.

The Unidroit Principles In Practice

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Author : Michael Joachim Bonell
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006-09-01

The Unidroit Principles In Practice written by Michael Joachim Bonell and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-01 with Law categories.

Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.

The Cisg And Its Impact On National Legal Systems

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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

The Cisg And Its Impact On National Legal Systems written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.

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.

Use Of The Unidroit Principles To Interpret And Supplement Domestic Contract Law

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Author : Alejandro Garro
language : en
Publisher: Springer Nature
Release Date : 2020-11-03

Use Of The Unidroit Principles To Interpret And Supplement Domestic Contract Law written by Alejandro Garro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Law categories.

This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.

International Institute For The Unification Of Private Law Unidroit

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Author : Lena Peters
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-21

International Institute For The Unification Of Private Law Unidroit written by Lena Peters and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-21 with Law categories.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Cisg Methodology

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Author : Andre Janssen
language : en
Publisher: sellier. european law publ.
Release Date : 2009

Cisg Methodology written by Andre Janssen and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.

The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.

Basic Documents On International Trade Law

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Author : Chia-Jui Cheng
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-04-27

Basic Documents On International Trade Law written by Chia-Jui Cheng and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.

Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.

Arbitration Law Of Czech Republic Practice And Procedure

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Author : Alexander J. Belohlávek
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-03-01

Arbitration Law Of Czech Republic Practice And Procedure written by Alexander J. Belohlávek and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.

A comprehensive review of the arbitration law and practice in the Czech Republic including: discussion of arbitration practice and procedure; an examination of the jurisdiction of the arbitral tribunal; the appointment of arbitrators including the challenge and replacement of arbitrators; an analysis of the various types of awards including a discussion on deliberations, agreements, settlements, and the costs of arbitration; a discussion on the amendment and challenge of awards including the liability of arbitrators; and, a review of the enforcement of domestic and foreign arbitration awards.

Arbitration Law Of Brazil

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Author : Joaquim T. de Paiva Muniz
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2006-11-01

Arbitration Law Of Brazil written by Joaquim T. de Paiva Muniz and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-01 with Law categories.

"Arbitration Law of Brazil: Practice and Procedure is a timely contribution to the development of commercial arbitration in Brazil, as it provides international practitioners and arbitrators with a useful reference tool to understand the Brazilian arbitral framework. Without sacrificing scholarly rigor, it provides a clear commentary on Brazilian arbitration legislation from a practical perspective, addressing the most relevant points in a direct and instructive manner, so that even someone unfamiliar with Brazilian law can comprehend all issues. This work reflects the experience of the authors, who are among the most prominent arbitration practitioners in Brazil. Both authors have long been committed to the development of arbitration, through teaching classes, organizing seminars and writing articles, not to mention their work on the Arbitration Committee of the Rio de Janeiro State Chapter of the Brazilian Bar Association, the first institution in Brazil to help develop and improve alternative dispute resolution mechanisms. Besides the authors' work, this book also contains in its appendices articles from other leading Brazilian scholars analyzing relevant issues in connection with arbitration in Brazil. This provides an enlightening combination of practical background and academic debate."--Publisher's website.