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- Title
Another BRIC in the wall: Brazil joins the CISG.
- Authors
Estrella Faria, José Angelo
- Abstract
Legal uncertainty about the governing law of contracts and the diversity of domestic sales laws make the outcome of commercial disputes in MERCOSUR countries highly unpredictable. The application of a uniform body of substantive sales law in all countries in the region, as a result of Brazil’s accession to the CISG, will be a major improvement. Beginning with presentation, structure, and language, the CISG seems at first sight to differ significantly from the relevant provisions of the Brazilian Civil Code. A closer comparison between their provisions has shown, however, that to a very large extent the differences are more of style than substance and that the practical result of applying the CISG will in most cases be similar to those achieved by Brazilian law. Where they both differ, it is usually because of the focus of the CISG on the particular needs of international contracts, as opposed to a Civil Code designed primarily for application to domestic transactions. Rather than absorbing innovations in substantive sales law, the main challenge for Brazil will be to ensure the uniform application of the CISG and to avoid the “homeward trend” in its interpretation.
- Subjects
BRAZIL; EXPORT sales contracts; CIVIL law; CONTRACTS
- Publication
Uniform Law Review, 2015, Vol 20, p211
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unv013