Challenges and solutions for the harmonisation of contract law within the BRICS countries. Invalidity of contracts and hardship

• Ano de defesa: 2021
• Autor(a) principal: Veronese, Lígia Espolaor
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: eng
• Instituição de defesa: Biblioteca Digitais de Teses e Dissertações da USP
• Palavras-chave em Português: BRICS; common law vs. civil law; comparative law; contract law; contribuição; contribution; direito comparado; direito contratual; hardship; harmonisation; harmonização; invalidade dos contratos; invalidity of contracts; validade dos contratos; validity of contracts
• Link de acesso: https://www.teses.usp.br/teses/disponiveis/2/2135/tde-22072022-112151/

The present thesis is concerned with a comparative study of contract law applicable in the BRICS countries Brazil, Russia, India, China and South Africa with a strong focus on the issues of invalidity of contracts and hardship. The purpose is to identify commonalities and divergences in these systems with different legal backgrounds, particularly the influence of civil law tradition in Brazil, Russia and China as opposed to common law in India, and the mixed system in South Africa. Among the identified divergences and challenges, the thesis purports to demonstrate that the obstacles are not insuperable and that there are rooms for the harmonisation and compatibility within the BRICS context with respect to the two selected topics of contract law. Even when full harmony is not reached, the research also purports to demonstrate that some countries may benefit from others divergent experiences. Detecting mutual contribution is of particular relevance to this group of countries, since they share the characteristic of being evolving systems which have undergone recent reforms in their legislation on contract law and may be more open to assess and incorporate more efficient contract practices.