Договорное право стран БРИКС: опыт Бразилии в свете новой парадигмы построения частноправового регулирования

В настоящей статье рассматриваются подходы к регламентации договорных отношений в одной из стран-участниц БРИКС – Бразилии – в свете новой парадигмы построения частноправового регулирования.

Contract law of BRICS countries: Brazil's experience in the light of the new paradigm of legal framework of the private law

The article will focus on the provisions of private law in Brazil, which paradigm of construction is reflected in approaches of the field of regulation of contract law. Private right of Latin American countries is dualistic, this leads to a distinction of contracts on civil and commercial. In particular, commercial contracts are composed of bank contracts, as well as all those by virtue of which mobility is acquired for the purpose of resale; bills of exchange, check transactions, custodial services contracts, insurance contracts, construction contracts. Supporting the view of commercial law as a right of the enterprise jurists believe that the situation indicates on an increase in the role of the enterprise (empresa), mediating the dynamics of property turnover at the expense of the institution of ownership and a static property exploitation, that is derivative of property rights. As the economy advances the commercial law gradually began to reflect a mixed approach, wherein the objective principle is supplemented by subjective. Thus, the existence civil law near commercial law can only be explained by historical traditions. To all effects and purposes, the need for modernization of the civil legislation in Brazil led to the transformation of Brazil from an agricultural country to industrially developed country in the XX century.