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Contract Law in Brazil by FRADERA

Contract Law in Brazil

By Lisiane Feiten Wingert Ody, Véra Maria Jacob de Fradera


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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.

Publish Date 05/19/2021
Product Line Kluwer Law International
ISBN 9789403533100
SKU 10090032-0001
Table of Contents

The Authors

List of Abbreviations


General Introduction

Introduction to the Law of Contracts

Part I. General Principles of the Law of Contract

Chapter 1. Formation of a Contract

Chapter 2. Conditions of Substantive Validity

Chapter 3. Contents of a Contract

Chapter 4. Privity of Contract

Chapter 5. Termination of Contract

Chapter 6. Remedies

Part II. Specific Contracts

Chapter 1. Agency

Chapter 2. Rental Agreements

Chapter 3. Gambling and Wagering

Chapter 4. Sale of Goods

Chapter 5. Works Contracts

Chapter 6. Leasing

Chapter 7. Settlements

Chapter 8. Suretyship

Chapter 9. Pledge (Pignus)

Chapter 10. Loans

Chapter 11. Contracts with the Government and Other Public Administrations

Chapter 12. Partnership Agreements

Selected Bibliography