Contingent contracts


Autoria(s): Bernardo, Mario Di
Contribuinte(s)

Patient, David

Matos, João Amaro

Data(s)

23/05/2016

23/05/2016

01/07/2014

Resumo

International businesses bring with them additional negotiation complexities and extra risks, thus calling for negotiation integrative solutions and additional legal protection. The recent economic crisis forced, companies, including SMEs, to look for international markets and face these additional complexities and issues. In the search for a practical and simplified solution, to serve less sophisticated companies, this paper brings insights from the negotiation literature to a specific legal issue. Specifically, I investigate the negotiation and use of contingent agreements as a tool for facilitating the negotiation process and managing risk in international deals. Looking into an international sale of goods from Portugal to Brazil, this paper proposes the structuring of two contingent contracts related to two category of products in order to demonstrate the potential benefits of some of its relevant features, specifically the creation of incentives and identification and allocation of future risks. In general, the structuring of contingent agreements is likely to provide positive results in mitigating the issues of lack of trust and dealing with the additional risks derived from international deals, therefore facilitating and improving the overall quality of the deal.

Identificador

http://hdl.handle.net/10362/17437

201210657

Idioma(s)

eng

Direitos

openAccess

Palavras-Chave #Domínio/Área Científica::Ciências Sociais
Tipo

masterThesis