Comparative Analysis about Binding Preliminary Agreements between Brazil and United States Legal Systems

Marcela Carvalho Viegas ()
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Marcela Carvalho Viegas: Duquesne University of Law, USA

No 2, Working papers Conference proceedings The Future of Ethics, Education and Research, October 16-17, 2017 from Research Association for Interdisciplinary Studies

Abstract: During the past decades the world became one globalized market in a way that every country, with few exceptions, established economic, social and political relations among then. Consequently, new legal bonds started uprising in reason of the contracts signed to support such international relations. A lot of problems would be avoided if all the countries had the same legal system and if the same laws regulated the contracts. This is not even imaginable. Within this scenario, this research had the purpose to analyze why preliminary agreements became a crucial tool when dealing with contracts that easily involve parties from different countries and different legal systems and that were made through a process much more complex than the idea of the two parties exchanging offers, acceptance and performance. Furthermore, this paper significantly examined and compared which kinds of preliminary agreement exist and which ones attract legal responsibilities (are binding) between different countries and different legal systems. This study focused specifically in the difference between Brazil s, a Civil Law country, and Unites States’, a Common Law country, legal systems.

Keywords: legal systems; negotiation; contract; civil cod; preliminary agreement. (search for similar items in EconPapers)
Pages: 10 pages
Date: 2017
New Economics Papers: this item is included in nep-law
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Published in Conference proceedings The Future of Ethics, Education and Research, October 16-17, 2017, pages 17-26

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