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Record W2467081687 · doi:10.54648/rba2012002

The Law Applicable to International Trade Transactions with Brazilian Parties: a Comparative Study of the Brazilian Law, the Cisg, and the American Law About Contract Formation

2012· article· en· W2467081687 on OpenAlexaff
Anelize Slomp Aguiar

Bibliographic record

VenueRevista Brasileira de Arbitragem · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsLawMunicipal lawComparative lawPrivate lawCommercial lawOrder (exchange)Political scienceInternational trade lawConflict of lawsCivil law (Civil law)Public lawEconomicsBusinessFinance

Abstract

fetched live from OpenAlex

ABSTRACT: Despite Brazil's importance in the world economy and its increasing participation in foreign trade, there is considerable legal uncertainty regarding the law applicable to international commercial contracts involving Brazilian parties because Brazilian judicial courts do not recognize' freedom to choose the governing law; thus this determination is only made ex post , by a judge, according to Private International Law rules of the forum. Applying these rules, this study demonstrates that there are at least three potential legal regimes: the Brazilian law, the United Nations Convention on Contracts for the International Sale of Goods, and a foreign domestic law. Making use of the American law as the foreign law, a comparative analysis of these three legal regimes regarding contract formation demonstrates that their approaches are very distinct, which confirms the legal uncertainty. In order to reduce this problem, three different strategies are proposed to the Brazilian government.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.948
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.018
GPT teacher head0.311
Teacher spread0.293 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2012
Admission routes1
Has abstractyes

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