Enterprise Law | Business and Investment in Brazil: Law and Practice (2024)

Business and Investment in Brazil: Law and Practice

Peter Sester

Published:

2022

Online ISBN:

9780191943447

Print ISBN:

9780192848123

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Business and Investment in Brazil: Law and Practice

Peter Sester

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Peter Sester

Peter Sester

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Pages

179–222

  • Published:

    April 2022

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Sester, Peter, 'Enterprise Law', Business and Investment in Brazil: Law and Practice (2022; online edn, Oxford Academic), https://doi.org/10.1093/law/9780192848123.003.0004, accessed 10 Aug. 2024.

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Abstract

When the profoundly revamped Civil Code of 2002 came into force, the Commercial Code of 1850 was revoked and its provisions on partnership law were reformed and integrated into the new Code’s chapter on enterprise law. Thereby, the term ‘commercial’ disappeared from the Code(s). It was to some extent substituted by the expression ‘enterprise law’. However, the CC-2002 does not define an enterprise or business contract. It provides a definition for the terms ‘entrepreneur’ and ‘enterprise’. This makes sense because the Code’s chapter on enterprise law only addresses partnership and company law. Consequently, this chapter will focus on the characteristics of partnerships and limited liability companies. It will analyse these standard forms of business organizations and compare them with the stock corporation, which is regulated in a stand-alone act. Again, the aspect of risk allocation and the robustness of respective contractual clauses in potential conflicts will be a centre piece.

Keywords: Limitation of liability, Liquidated or agreed damages

Subject

Commercial Law Contract Law Financial Law

Collection: International Commercial Law

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