The Principles of BRICS Contract Law

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.

Auteur

Salvatore Mancuso is a Professor of Comparative Law and Legal Anthropology at the University of Palermo (Italy), and Honorary Professor of African Law at the Centre for African Laws and Society of Xiangtan University (P.R. of China). He is also Visiting Professor at the Somali National University in Mogadishu (Somalia). He holds a Ph.D. in Comparative Law at the University of Trieste (Italy) with specialization on African law. He has been the Chair, Centre for Comparative Law in Africa, University of Cape Town, Professor of Comparative Law and Legal Anthropology at the University of Macau, Adjunct Professor at the University of Trieste, Visiting Professor at the Universities of Paris I - Panthéon Sorbonne, Limoges, Réunion and Lisbon, Adjunct Professor at the Loyola University Chicago, John Felice Rome Center and has given lectures in different universities in Europe, Africa and China. He has published and edited some books and several articles on Comparative and African Law. Some of his works on African law have been translated into Chinese, French and Portuguese. He is a member of the International Academy of Comparative Law, and Vice President (Events) of the Juris Diversitas group. He has been co-coordinator of the TWG on Rule of Law & Justice Reform at the World Bank GFLJD. He is a member of the editorial board of several law journals focused on comparative law and African law. Mauro Bussani is Professor of Comparative Law at the University of Trieste, Italy; Adjunct Professor at the University of Macau, S.A.R. of the People's Republic of China and Member of the Faculty of the Católica Global School of Law (Portugal). He received a Honoris Causa Ph.D. from the University of Fribourg (Switzerland). He has been Visiting Professor in the US, Canada, Brazil, France, Switzerland, the UK, Portugal, Serbia, Hungary, Israel, and China. He is Member of the American Law Institute and Titular Member of the International Academy of Comparative Law. He sits on the council of a number of scientific institutions and academies and is member of the editorial board of many journals, including the American Journal of Comparative Law, the Journal of European Tort Law, the Journal of Comparative Law in Africa. He authored or co-authored 31 books and more than 160 essays, in Italian, English and French. Many of his works have been translated in Spanish, Portuguese, Turkish, Serbian, Chinese, Japanese, and Korean.

Contenu

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)