The Future of Contract Law in Latin America

The Principles of Latin American Contract Law

Author: Rodrigo Momberg,Stefan Vogenauer

Publisher: Bloomsbury Publishing

ISBN: 1509914293

Category: Law

Page: 352

View: 9872

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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.
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The Oxford Handbook of Comparative Law

Author: Mathias Reimann,Reinhard Zimmermann

Publisher: Oxford University Press

ISBN: 0192565516

Category: Law

Page: 1536

View: 1522

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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
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Contract Law Without Foundations

Toward a Republican Theory of Contract Law

Author: Prince Saprai

Publisher: Oxford University Press

ISBN: 0191084581

Category: Law

Page: 250

View: 5171

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This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
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Commentaries on European Contract Laws

Author: Nils Jansen,Reinhard Zimmermann

Publisher: Oxford University Press

ISBN: 0192508008

Category: Law

Page: 2250

View: 6390

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The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
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The Future of Entrepreneurship in Latin America

Author: E. Brenes,J. Haar

Publisher: Springer

ISBN: 1137003324

Category: Political Science

Page: 306

View: 8388

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This book examines the outlook for Latin American entrepreneurs in the new global environment. Using case studies from across the region, the book highlights liberalization measures nations are adopting to facilitate small and medium size enterprise (SME) creation and growth, and existing barriers that are threatening SME sector gains.
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The Future of the Information Revolution in Latin America

Proceedings of an International Conference

Author: United States,Gregory F. Treverton,Lee Mizell

Publisher: Rand Corporation

ISBN: N.A

Category: Political Science

Page: 61

View: 4956

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The information revolution is bringing about profound changes in the globe's political and economic life. RAND has embarked on a multi-year effort, sponsored by the National Intelligence Council, to chart the future course of these changes over the next 10-20 years, around the world. As a major part of this effort, RAND is convening a series of international conferences on various aspects of the information revolution. The third conference in this series, reported on here, was held in Washington, D.C., on November 1-2,2000, focusing on the information revolution in Latin America. The information revolution is so entwined with the global economy that this conference's discussion about the future of information technology (IT) in Latin America often became a conversation about Latin America's prospects in the emerging global economy.
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35 Years Cisg and Beyond

Author: Ingeborg Schwenzer

Publisher: N.A

ISBN: 9789462366244

Category: Law

Page: 382

View: 1144

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This book contains the presentations given at the conference '35 Years CISG and Beyond, ' hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL (United Nations Commission on International Trade Law) in January 2015. The conference focused on open issues in regard to the CISG's (Contracts for the International Sale of Goods) application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action, and regionalization; and CISG and fair contract law. Speakers at the conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. Contents include: Part I - Economic Analysis of the CISG [Saving Transaction Costs * Choice of Law in Practice: A Global Empirical Survey] *** Part II - The Decline of Reservations [Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law after 35 Years * Reservations, the Case of the Scandinavian Countries * The Reservation from the Freedom of Form Principle of the CISG: The Case of Russia * The Application of the CISG in International Commercial Arbitration in China] *** Part III - Extending the CISG [Extending the Scope of the 1980 Vienna Convention on the International Sale of Goods to Framework Distribution Contracts * Natural Gas and the CISG * The CISG and Statute of Limitations * Control of Unfair Standard Terms in International Commercial Contracts * CISG and the Default Interest Rate in Arbitration] *** Part IV - CISG, State Action, and Regionalization [Do We Really Need Special Provisions for Business-to-Consumer Sales? * Application of the CISG to International Government Procurement of Goods * OHADA and CISG: Alternatives or Complementary Instruments? * Harmonization in the European Union * Contract Law in Latin America: Building of a 'Latin American' Ius Commune on Contract Law] *** Part V - CISG and Fair Contract Law [The Politics of Fairness in CISG * The CISG: A Secret Weapon in the Fight for a Fairer World? * International Fair Trade: Fair Trade in International Contracts and Ethical Standard * Beyond CISG: Agricultural Production under Contract * The Future of Contract Law Harmonization: A View From Unidroit] *** Librarians: ebook available (Series: International Commerce and Arbitration (ICA) - Vol. 19) [Subject: Trade Law, Commercial Law, Arbitration
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The Civil Law Tradition

An Introduction to the Legal Systems of Europe and Latin America

Author: John Henry Merryman,Rogelio Pérez-Perdomo

Publisher: Stanford University Press

ISBN: 9780804755696

Category: Law

Page: 173

View: 3559

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This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.
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Recueil Des Cours - Collected Courses, 1992-II

Author: Academie de Droit International de la Haye

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792324096

Category: Law

Page: 416

View: 9235

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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume containes: - La contribution de la Conference de La Haye au developpment du droit international prive, par A.E. VON OVERBECK, professeur emerite a l'Universite de Fribourg. - The Contribution of the Hague Conference to the Development of Private International Law in Latin America by A. BOGGIANO, Professor at the University of Buenos Aires. - The Contribution of the Hague Conference to the Development of Private International law in Common Law Countries by J.D. McCLEAN, Professor at the University of Sheffield. - The Incidental Question in Private International Law by T.S. SCHMIDT, Professor at the University of Aarhus.
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Legal Tools and Incentives for Private Lands Conservation in Latin America

Building Models for Success

Author: Environmental Law Institute

Publisher: Environmental Law Institute

ISBN: 9781585760596

Category: Science

Page: 206

View: 5756

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This publication describes the use of legal tools and incentives mechanisms for the conservation of private lands in Latin America, and assesses their implementation record. It reviews both mandatory provisions and the use of voluntary instruments such as easements and private reserve designations that have grown in use since the early 1990s. It ends with recommendations for an improved framework for private lands conservation, and presents model laws for the creation of private reserves and conservation easements.
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