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The Principles of BRICS Contract Law

A Comparative Study of General Principles Governing International Commercial Contracts in the BRICS Countries

  • Provides the first comparative study of contract law in the BRICS countries

  • Analyzes the general principles of contract law in the BRICS countries

  • Shows the increasing interest in BRICS legal studies

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 102)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xii
  2. Setting the Scene

    1. Front Matter

      Pages 1-1
  3. Questions and Answers in the Framework of National Jurisdictions

    1. Front Matter

      Pages 47-47
    2. Brazilian Report

      • Umberto Celli Junior, Lígia Espolaor Veronese
      Pages 69-134
    3. Russian Report

      • Aleksander Komarov
      Pages 135-185
    4. Indian Report

      • Nilima Bhadbhade
      Pages 187-240
    5. Chinese Report

      • Lihong Zhang
      Pages 241-296
    6. South African Report

      • Jacques du Plessis
      Pages 297-355
  4. On the Way to the Principles of BRICS Commercial Contracts Law

    1. Front Matter

      Pages 357-357
  5. Back Matter

    Pages 427-439

About this book

This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries.

The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Editors and Affiliations

  • University of Palermo, Palermo, Italy

    Salvatore Mancuso

  • University of Trieste, Trieste, Italy

    Mauro Bussani

About the editors

Salvatore Mancuso is a Professor of Comparative Law and Legal Anthropology at the University of Palermo (Italy), and Honorary Professor of African Law at the Centre for African Laws and Society of Xiangtan University (P.R. of China). He is also Visiting Professor at the Somali National University in Mogadishu (Somalia). He holds a Ph.D. in Comparative Law at the University of Trieste (Italy) with specialization on African law. He has been the Chair, Centre for Comparative Law in Africa, University of Cape Town, Professor of Comparative Law and Legal Anthropology at the University of Macau, Adjunct Professor at the University of Trieste, Visiting Professor at the Universities of Paris I – Panthéon Sorbonne, Limoges, Réunion and Lisbon, Adjunct Professor at the Loyola University Chicago, John Felice Rome Center and has given lectures in different universities in Europe, Africa and China. He has published and edited some books and several articles on Comparative and African Law. Some of his works on African law have been translated into Chinese, French and Portuguese. He is a member of the International Academy of Comparative Law, and Vice President (Events) of the Juris Diversitas group. He has been co-coordinator of the TWG on Rule of Law & Justice Reform at the World Bank GFLJD. He is a member of the editorial board of several law journals focused on comparative law and African law.



Mauro Bussani is Professor of Comparative Law at the University of Trieste, Italy; Adjunct Professor at the University of Macau, S.A.R. of the People's Republic of China and Member of the Faculty of the Católica Global School of Law (Portugal). He received a Honoris Causa Ph.D. from the University of Fribourg (Switzerland). He has been Visiting Professor in the US, Canada, Brazil, France, Switzerland, the UK, Portugal, Serbia, Hungary, Israel, and China. He is Member of the American Law Institute and Titular Member of the International Academy of Comparative Law. He sits on the council of a number of scientific institutions and academies and is member of the editorial board of many journals, including the American Journal of Comparative Law, the Journal of European Tort Law, the Journal of Comparative Law in Africa. He authored or co-authored 31 books and more than 160 essays, in Italian, English and French. Many of his works have been translated in Spanish, Portuguese, Turkish, Serbian, Chinese, Japanese, and Korean.

Bibliographic Information

Buy it now

Buying options

eBook USD 149.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 199.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 199.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access