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LOPEZ DE ZAVALIA, FERNANDO J. TEORIA DE LOS CONTRATOS TRATADO DE LOS CONTRATOS (TOMO I – III) http: //rapidshare. Teoría de los Contratos Tomo I – Fernando López de Zavalia. PDF – Mb. Lopez de Zavalia, Fernando Teoria De Los Contratos Lorenzetti, Ricardo Tratado De Los Contratos Tomo I buenos aires, argentina Diego.

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Revista dos Tribunais,p. On the other hand, Brazilian substantive private law has undergone what almost amounts to a revolution during the last twenty years Not only when there are different levels of economic power between the parties, but also when a moral zaavalia deals outside its professional environment.

Consumer should be specially protected only by dealing with a professional. Disponibilidad de procedimientos judiciales. If there is any doubt about which of those laws is the most favorable lo, the Convention establishes as the most favorable law, in this order: La protection de la partie faible dans les rapports contractuels: Jurists draw attention to the most recent solution provided by these mandatory rules, present in article 5 of the Rome Convention, which states: It is based on two important points: The Code was enacted inonly two years after the Constitution zaalia shifted the entire Brazilian Private Law in a new direction.

El hecho mismo de que el demandado haya registrado un nombre de dominio “. While Brazilian Private Law dealt with all these modifications, except several treaties or conventions on special issues17, the general rules of Brazilian Private International Law have remained practically untouched since He tried to get it repaired in Brazil, but that model was manufactured in the USA, and the necessary spare parts were not available here.

Revista Chilena de Derecho, v.



V — Consumer Protection. The rules of Brazilian Private International Law are generally, and in many aspects, outdated5.

Article 9 is also the rule applicable conratos torts in general, which includes accidents involving defective goods and services The chosen law could be only applied if it is the most favorable to the consumer. COM is in “Active” status”. The existence and validity of the consent of xe parties as to the choice of the applicable law shall be determined in accordance with the provisions of Articles 8, 9 and In the absence of regional conflict rules about consumer contracts and transactions, the Convention would be a very welcomed replacement.

The law of consumers domicile is also applicable if is the same place of offer, or if there were advertising or marketing activities.

Nevertheless, the definition was subject to some controversy and remains under discussion. An exception clause is also provided by the Convention, for those rare cases in which there is a more favorable connecting factor with a law other than the law indicated as applicable by the Convention.

Thus, materialism or substantialism is understood as the judicial analysis of the social impact of strictly connecting factors of law rules. Help Center Find new research papers in: In any cases, forum mandatory rules should be applied.

WIPO Domain Name Decision: D

Con ello el Panel tiene por acreditada la identidad del nombre de dominio raimat. Brazilian law is not clear on this issue, which places the country in an uncomfortable situation, as the free choice of law is recognized worldwide as a valid connecting factor With regard to the exclusion of legal persons46, this is justified by the fact that moral persons usually act as professionals.

By doing this, it would be easier to ratify and incorporate the CIDIP V about the law applicable to international contracts and then Brazilian Private International Law would be finally in accordance with the world trends on this matter. It means that the choice of law remains as a connecting factor to find the applicable law to consumer contracts.


It is also not an unusual definition in the Americas, quite the opposite. These definitions however, adopt also a subjective approach, defining those contracts as made between a consumer and a professional or supplier.

The second and most important point is gomo question of choice of law. In any other cases, the general rules should applied. El Panel, ante lo afirmado en la demanda y documentos respectivos agregados, no contestados por el demandado, tiene por acreditado que la demandante es titular de los siguientes registros marcarios:.

Codigo-Civil-Comentado-Sucesiones-Tomo-I-Aapdf – Free Download PDF

The Convention should bring more safety and certainty to international trade in the Americas cojtratos increase reliance for consumers that deal or want to deal abroad. This is the case, for example, when a small bakery has to deal with a big software supplier to improve its business.

B The Brazilian proposal to an Inter-American Convention on the law applicable to some consumer contracts and transactions and its main points The Brazilian proposal has two main points: The European legislator chose the same approach 39 Professor Claudia Lima Marques states the difference between passive and active consumers: Instead of doing that, the Court immediately applied the Brazilian Protection Code as an imperative rule and decided in favor of the consumer.

The scope is protecting the so called Endverbraucher final consignee.