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

Author(s): Marcela Viegas
Subject(s): International Law
Published by: Scientia Moralitas Research Institute
Keywords: legal systems; negotiation; contract; civil cod; preliminary agreement
Summary/Abstract: During the past decades the world became one globalized marketin a way that every country, with few exceptions, established economic, social andpolitical relations among then. Consequently, new legal bonds started uprisingin reason of the contracts signed to support such international relations. A lot ofproblems would be avoided if all the countries had the same legal system and if thesame laws regulated the contracts. This is not even imaginable.Within this scenario, this research had the purpose to analyze why preliminaryagreements became a crucial tool when dealing with contracts that easily involveparties from different countries and different legal systems and that were madethrough a process much more complex than the idea of the two parties exchangingoffers, acceptance and performance. Furthermore, this paper significantly examinedand compared which kinds of preliminary agreement exist and which ones attractlegal responsibilities (are binding) between different countries and different legalsystems. This study focused specifically in the difference between Brazil’s, a CivilLaw country, and Unites States’, a Common Law country, legal systems.

• Details
• Contents