Contractual Clauses
Mostrando 1-12 de 15 artigos, teses e dissertações.
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1. ¿Gobernanza financiera?: comparación de las matrices políticas de las que emergieron las CACs 2003 y 2014
Resumo O discurso da governança fomenta a produção de modalidades regulatórias de alcance global por meio de lógicas diferentes daquelas do mercado e do Estado. Os promotores dos modelos de Cláusulas de Ação Coletivas (CACs) de 2014 indicaram que a matriz política que projetou tais modelos foi construída em grande medida com base na experiência de
Rev. direito GV. Publicado em: 23/05/2019
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2. Where do they speak from? Positions about the new IMF contractual proposal for ordering sovereign debt restructurings
Abstract The Sovereign Debt Restructuring (SDR) debate is at the center of the global economic political agenda. In 2014, the IMF issued a new contractual proposal –as an integral part of a set of reforms– to organize these processes but remained outside of the discussions that promoted the creation of an SDR statutory mechanism at the UN, something whi
Rev. Direito Práx.. Publicado em: 2019-03
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3. Inadimplemento dos deveres anexos decorrentes do contrato
This thesis aims to study the dogmatic boundaries of binding clauses of a contract that, when not fulfilled, entail the breach of the same contract, due to their importance in contract theory. Thus, the fundamental scope of this work is to help identify situations that could lead to the study of contract breach, and that for this reason, require a broader an
Publicado em: 2009
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4. Contrato Empresarial Coletivo de Assistência à Saúde
In an environment in which the market shows a substantial growth of the sale of group health insurance contracts for businesses and a significant surge in the sale of individual health insurance contracts, differently from what appeared to be the goal of the regulatory system established for the industry in 1998, this work deals with the economic and legal q
Publicado em: 2008
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5. O contrato de seguro em face da nova perspectiva social e jurídica
The text presents an evolutionistic overview of the insurance contract, from the birth of the Roman Law to the conceptual changes introduced by the Consumer Defense Code, the 2002 Civil Code, and the Statute on Elderly Citizens, mainly in regard to mass insurance. Although neither explicit nor underlying the only intention of stressing the consumerist ideals
Publicado em: 2008
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6. A intervenção do juiz nos contratos
Contractual theory has undergone significant changes over the last years, mainly due to a shift from the liberal imprint of the 1916 Civil Code to a more socially-oriented perspective. This change, already noticeable in the 1988 Federal Constitution and in some statutes, such as the Consumer Code, grew more acute after the enactment of the 2002 Civil Code. A
Publicado em: 2007
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7. Mediação das relações econômicas internacionais privadas
The International Law controversy regarding the efficiency of the Judiciary is huge. Looking forward to guarantee a solution to that point, it is was proposed methodologies and techniques focusing dispute settlement resolution. Constantly, dispute settlement resolution of controversies are becoming more and more part of societies, worldwide. By Law, by marke
Publicado em: 2007
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8. Cláusulas contratuais gerais, cláusulas abusivas e o código civil de 2002
The present work focuses the study and separate systematization of the general contractual clauses in the field of private law, providing subsidies for a greater understanding and better application of the contracts in which they are included. From the civil-constitutional point of view, and according to the recent theory of contracts, it will search to plac
Publicado em: 2006
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9. O abuso de estado de dependência econômica no contrato de distribuição / The abuse of state of economic dependence in the distribution contract
The distribution contract, by which the distributor acquires the products to resell them under his own chance and risk to the consumer or final user, is the result of the development of mass capitalism. The contractual specie, socially typical (and which is different from other contractual types), according to the legitimate expectation of the parties, is ch
Publicado em: 2006
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10. The risk society and insurance contracts: consideration about interpretation in favor of insured parties and limitation of the risks covered by the insurance contract / A sociedade de risco e os contratos de seguro: consideraÃÃes sobre a interpretaÃÃo mais favorÃvel ao segurado e a delimitaÃÃo dos riscos assegurados
The evolution of society adds to one`s life new risks. These new risks are important to insurance companies. The consequence is that statistics and mathematics methods utilized to help companies define cost of new products have become more and more complex. In risk society occasionally the increase of risk levels cannot be clearly determined and, therefore,
Publicado em: 2006
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11. Mudanças nas relações contratuais na citricultura: um estudo de caso.
This paper describes a study on the evolution of contracts used in transactions between orange producers and the processing industry. Its goal is to analyze changes in contracts signed from 1978 to 2004, and to establish the influence of the institutional environment. Three distinct types of contract were identified in the citric network, all of them related
Publicado em: 2006
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12. Da onerosidade excessiva nos contratos
This work deals with the theory of excessive onerousness of contracts provided, nowadays, at article 317 and between articles 478 and 480 of the Civil Code in force. It refers to a rule established in the civil law with the purpose of mitigate the drastic effects caused by the autonomy of will and pacta sunt servanda clauses, which were presented at the form
Publicado em: 2006