Business and Investment in Brazil: Law and Practice

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Peter Sester (Professor of International Arbitration, Professor of International Arbitration, FGV-Rio Law School)

Business and Investment in Brazil

Law and Practice

Peter Sester (Professor of International Arbitration, Professor of International Arbitration, FGV-Rio Law School)

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English

Oxford University Press
14 July 2022

Comparative law; Transnational commercial law; Private international law & conflict of laws; Company, commercial & competition law

Business and Investment in Brazil provides a thorough analysis of Brazilian business law for investors and their legal advisers, focusing on topics relevant to business transactions and disputes that can arise in the aftermath of the signing or performance of deals.

The essence of investment and negotiation processes is risk evaluation and allocation. Examining Brazilian law through the eyes of an international transaction lawyer, Peter Sester focuses on the legal risks, which are higher in Brazilian law than elsewhere, particularly in comparison with contract, partnership, and company (LLC) laws governing international business transactions in the US and UK. However, whilst Brazilian contract law remains a risk factor as a result of its over-ambitious and consequently interventionist approach, Brazilian law in the areas of stock corporation, capital market, antitrust, and public procurement are state-of-the-art when compared to the US and leading European laws in Germany, Switzerland, and France.

This book is divided into eight chapters: the introduction provides an overview of the economic and legal framework for doing business in Brazil, focusing on features of the Brazilian legal and economic order that are unusual to international practitioners from a comparative perspective. The other seven chapters analyze those fields of substantive law that impact most investments and cross-border transactions in Brazil. They include important historical and economic context such as inflation indexation and the broad use of good faith, as well as explorations of common legal pitfalls such as the limited scope of freedom of contract and its mandatory provisions. The book focuses on the interpretation of statutory law by the Brazilian Superior Court of Justice and regulatory agencies, and also provides insights into the economic and business rationale of some of the legal solutions offered.

By: Peter Sester (Professor of International Arbitration Professor of International Arbitration FGV-Rio Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 253mm, Width: 175mm, Spine: 35mm
Weight: 1g
ISBN: 9780192848123
ISBN 10: 0192848127
Pages: 560
Publication Date: 14 July 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Economic and Legal Framework 2: Contract Law 3: Extra Contractual Civil Liability (Tort Law) and Compliance 4: Enterprise Law 5: Stock Corporation and Securities Market Law 6: Mergers & Acquisitions and Merger Control 7: Recovery and Insolvency Law 8: Public Procurement and Concessions

Professor Peter Sester is Professor of Commercial and Arbitration Law at Fundação Getúlio Vargas Law School (Rio de Janeiro) and co-head of the law school's Centre for Arbitration and Commercial Law. He runs a boutique law firm in Rio de Janerico, consulting on business law, and authored International Arbitration: Law and Practice in Brazil with OUP, as well as several publications in German. He also holds two PhDs: in law, from the University of Heidelberg, and in economics, from the Humboldt-University, Berlin. He was a tenured professor at the Universities Karlsruhe (now Karlsruhe Institute of Technology), St. Gallen, and Goethe University Frankfurt am Main, where he directed the Institute for Law and Finance.