The Codification of Civil Law in Brazil

17.11.2009

The enactment of the Brazilian Civil Code of 2002 is the point of departure for Jan Peter Schmidt's comprehensive comparative study of Brazil's often neglected private law.

After a historical introduction, he deals mainly with general questions such as the scope and structure of the new Code and the space it leaves for judicial discretion, but also analyzes specific provisions that are noteworthy from a comparative point of view. The picture is completed with frequent references to the "law in action" and the historical and social background. Apart from showing that Brazilian private law is firmly rooted in the civil law tradition, the book offers many insights into modern techniques of private law codification which might also prove useful for the European context.

Jan Peter Schmidt, Zivilrechtskodifikation in Brasilien, Strukturfragen und Regelungsprobleme in historisch-vergleichender Perspektive (The Codification of Private Law in Brazil. Structural Issues and Regulatory Problems from a Historical and Comparative Perpsecitve), Studien zum ausländischen und internationalen Privatrecht 226, Mohr Siebeck, Tübingen, XXXII + 607 pages., September 2009
  • Last update: 13 Sep. 2010
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