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Private International Law in Brazil

Private International Law in Brazil
Author: Jacob Dolinger
Publisher: Kluwer Law International B.V.
Total Pages: 404
Release: 2017-10-20
Genre: Law
ISBN: 9041192506

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.


Introduction to Brazilian Law

Introduction to Brazilian Law
Author: Fabiano Deffenti
Publisher: Kluwer Law International B.V.
Total Pages: 298
Release: 2016-11-15
Genre: Law
ISBN: 9041167854

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This is an updated edition of the only full-scale book in English on the law of a country that in recent years has emerged as a leading player on the world’s stage. Brazil’s markets have flourished as courts, legislators and a sophisticated legal elite have continuously adapted foreign rules to the country’s realities, giving Brazil a formidable edge in attracting foreign investors. Sixteen notable Brazilian authorities describe and analyse the laws, regulations and jurisprudence in all the major fields of legal practice and administration, paying detailed attention to such elements as the following: - the multiple interwoven sources of Brazilian law; - administrative agencies and procedures; - Brazil’s unique ‘social function of contracts’ principle; - corporate and related structures; - the new Brazilian civil procedure code and arbitration rules; - constitutional principles and judicial review; - fiduciary transfers and insolvency issues; - complex rules of criminal procedure; - mandatory succession rules; - labour law compliance; - private international law; and - taxation. Each chapter is followed by an up-to-date reference list of works both in English and in Portuguese. This book provides practitioners with information more than sufficient to navigate through any area of Brazilian law. Lawyers and scholars will find here an overview that will continue to be useful as a resource in facing and overcoming the challenges inherent in engaging with Brazil’s economy and legal realities.


Private International Law in BRICS

Private International Law in BRICS
Author: Stellina Jolly
Publisher: Bloomsbury Publishing
Total Pages: 827
Release: 2024-08-08
Genre: Law
ISBN: 1509966153

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This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.


Transnational Law of Human Mobility

Transnational Law of Human Mobility
Author: Emília Lana de Freitas Castro
Publisher: Springer Nature
Total Pages: 248
Release: 2020-07-31
Genre: Law
ISBN: 3030466086

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This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.


Brazilian Commercial Law

Brazilian Commercial Law
Author: Silvia Fazio
Publisher: Kluwer Law International B.V.
Total Pages: 698
Release: 2015-09-14
Genre: Law
ISBN: 904116829X

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Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: • competition, mergers and acquisitions, joint ventures; • contractual clauses, statutory requirements on specific agreements; • tax incentives available for infrastructure projects; • listing and offering requirements in capital and securities markets; • licensing, franchising, and other intellectual property agreements; • civil proceedings, arbitration, and the mechanisms of dispute resolution; • the structure of the Brazilian judiciary system; • rules on conflicts of law and competence of jurisdiction; • real property acquisition and development; • environmental liabilities; • forms of employment and employment contracts; • insolvency and bankruptcy proceedings; • trade remedy system; • anti-corruption legislation; • private equity, venture capital and investment funds; and • insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.


Investment Protection in Brazil

Investment Protection in Brazil
Author: Daniel de Andrade Levy
Publisher:
Total Pages: 0
Release: 2014
Genre: Business & Economics
ISBN: 9789041149619

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"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website


The Right of Access to Public Information

The Right of Access to Public Information
Author: Hermann-Josef Blanke
Publisher: Springer
Total Pages: 856
Release: 2018-06-04
Genre: Law
ISBN: 3662555549

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This book presents a comparative study on access to public information in the context of the main legal orders worldwide(inter alia China,France,Germany,Japan,Russia,Sweden,United States).The international team of authors analyzes the Transparency- and Freedom-to-Information legislation with regard to the scope of the right to access, limitations of this right inherent in the respective national laws, the procedure, the relationship with domestic legislation on administrative procedure, as well as judicial protection. It particularly focuses on the Brazilian law establishing the right of access to information, which is interpreted as a benchmark for regulations in other Latin-American states.


The long and winding lawsuit

The long and winding lawsuit
Author: Rodrigo Meira
Publisher: Editora Dialética
Total Pages: 215
Release: 2023-07-19
Genre: Law
ISBN: 6525279909

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When transnational couples split, one of the parents wants to reestablish the status quo ante. But now there is a child. Rodrigo Meira brings to light this problem in Brazil and delivered the first research that has delved into the court files, with a view to understanding international abduction in Brazil. The author worked at the Brazilian Central Authority and is concluding his PhD in International Law, in which he examines Brazilian compliance, analyzing cases from 2002 to 2022 and interviewing other professionals who deal everyday with the problem. Meira shows what lies behind this procedural slowness, critically analyzing the culture of biased interpretation by procedural means. He also suggests good points for future changes in Brazilian Law. A compelling bestseller for students, undergraduate and graduate, treating core issues from a lawyer?s perspective. Rather than responding to child abduction with strict legal proceedings, the work argues that national solutions must be met, based on previous international experience. The Long and Winding Lawsuit is also a vade mecum for practitioners desiring a solid footing to make further enquiries on international child abduction in Brazil. This eye-opening book overlaps the lack of information on international abduction and explains the resilience of Brazilian Judiciary to comply with the conventional terms, suggesting what can be done to change this profile.


Diversity and Integration in Private International Law

Diversity and Integration in Private International Law
Author: Veronica Ruiz Abou-Nigm
Publisher: Edinburgh University Press
Total Pages: 416
Release: 2019-08-21
Genre: Law
ISBN: 1474447872

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Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.