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

10 Pages Posted: 14 Dec 2017

See all articles by Marcela Viegas

Marcela Viegas

Duquesne University - School of Law

Date Written: October 16, 2017

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

Suggested Citation

Viegas, Marcela, Comparative Analysis About Binding Preliminary Agreements between Brazil and United States Legal Systems (October 16, 2017). Proceedings of the RAIS Conference: The Future of Ethics, Education and Research, 2017. Available at SSRN: https://ssrn.com/abstract=3085879 or http://dx.doi.org/10.2139/ssrn.3085879

Marcela Viegas (Contact Author)

Duquesne University - School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

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