Full Description
This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general "soft law" principles governing international commercial contracts in these countries.
The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
Contents
Part I. Setting the Scene.- Chapter 1. The Research Project on the Principles of BRICS Commercial Contracts Law. An Introduction (Mauro Bussani).- Chapter 2. Commercial Contract Law in the BRICS: A Comparative Overview (Marta Infantino).- Part II. Questions and Answers in the Framework of National Jurisdictions.- Chapter 3. The Questionnaire for the Drafting of the National Reports (Jacques Du Plessis).- Chapter 4. Brazilian Report (Umberto Celli Jr.).- Chapter 5. Russian Report (Aleksander Komarov).- Chapter 6. Indian Report (Nilima Bhadbhade).- Chapter 7. Chinese Report (Lihong Zhang).- Chapter 8. South African Report (Jacques Du Plessis).- Part III. On the Way to the Principles of Brics Commercial Contracts Law.- Chapter 9. The Possible Path towards the Principles of BRICS Commercial Contracts Law - A Comparative Analysis of the National Reports (Salvatore Mancuso).
