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Legal Obligations - Chapter 8 - Doing Business in Brazil

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Doing Business in Brazil - Looseleaf

Doing Business in Brazil - Electronic


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Legal Obligations

A. THE CIVIL CODE
8.101 The Brazilian Civil Code currently in force was enacted through Law No. 10406 of January 10, 2002, replacing the erstwhile Civil Code of 1916. The first draft of this new Civil Code was written nearly 50 years ago. In the mid 1960s, the finishing touches were put on this draft and, in the late 1990s, a full- ledged bill was discussed in Congress, eventually passed into law and sanctioned by the President of the Republic on January 10, 2002. This new Civil Code came into force on January 10, 2003.

8.102 The new Civil Code was conceived by a board of highly specialized Brazilian jurists under the coordination of Miguel Reale, who envisioned a contemporary, effective and dynamic civil law and, to that end, invited renowned legal scholars to cooperate, assigning each of them the task of writing one book of the Civil Code.

8.103 The structural innovation of the new Civil Code lies in the unification of private law precepts, putting commercial laws on a par with civil laws, and both assembled into one same code. This unification had already been proposed by Teixeira de Freitas in his draft Civil Code of 1893, from which the Argentine and Paraguayan codes drew inspiration in the early 20th century, and later introduced in the Italian Civil Code of 1943. As a result of this unification, there is a new book on Company Law inside the Civil Code, repealing most of the Brazilian Commercial Code of 1850 (which currently regulates maritime trades only).

8.104
Another innovation of the new Civil Code is the social role of contracts, which gives the new Civil Code a less individualistic perspective as compared to the defunct civil law, thus reflecting the consolidated stance of Brazilian courts over certain legal issues, while adding such contemporary principles as ethics, the social nature of civil relations, and their operability.

Pinheiro Neto - Advogados, established in 1942, is Brazil's leading commercial law firm with offices in Sao Paulo, Rio de Janeiro and Brasilia. The founding Editor of this publication, the late J.M. Pinheiro Neto, was the Legal Advisor to the British Chamber of Commerce in Brazil.


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