A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil

The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.

How many contracts in an auction sale

Making sense of auction sales, in terms of English contract law, is no easy task. Despite the common perception of hammers hitting blocks, signifying the creation of the basic sale contract,1 a typical auction sale necessarily involves the making of several forms of contract other than the obvious primary sale agreement. The purpose of this article, therefore, is threefold, namely, to (1) examine these various forms of contractual relationship2 which may come into existence as a result of a traditional (face to face) auction sale; (2) consider specifically the selling of land at public auction with a view to advocating a change in the law requiring the formality of writing for sales contracts of land for both private and public auctions, and (3) compare briefly the contractual elements of an online ascending model of auction sale typified by the eBay phenomenon.

Rethinking Care Through Social Reproduction: Articulating Circuits of Migration

Care has come to dominate much feminist research on globalized migrations and the transfer of labor from the South to the North, while the older concept of reproduction had been pushed into the background but is now becoming the subject of debates on the commodification of care in the household and changes in welfare state policies. This article argues that we could achieve a better understanding of the different modalities and trajectories of care in the reproduction of individuals, families, and communities, both of migrant and nonmigrant populations by articulating the diverse circuits of migration, in particular that of labor and the family. In doing this, I go back to the earlier North American writing on racialized minorities and migrants and stratified social reproduction. I also explore insights from current Asian studies of gendered circuits of migration connecting labor and marriage migrations as well as the notion of global householding that highlights the gender politics of social reproduction operating within and beyond households in institutional and welfare architectures. In contrast to Asia, there has relatively been little exploration in European studies of the articulation of labor and family migrations through the lens of social reproduction. However, connecting the different types of migration enables us to achieve a more complex understanding of care trajectories and their contribution to social reproduction.

Copyright, Licences, and Statutory Fraud

In this article we explore the interplay between the law of copyright, contract, and statutory fraud within the digital environment, and in particular with respect to the business of commercial image licensing within the UK.

Display At Your Own Risk: An experimental exhibition of digital cultural heritage

Display At Your Own Risk is a research-led exhibition experiment concerned with the use and reuse of digital surrogates of public domain works of art produced by cultural heritage institutions of international repute. This publication is issued in conjunction with the open source exhibition, available at: displayatyourownrisk.org.

Display At Your Own Risk

Display At Your Own Risk (DAYOR) is a research-led exhibition experiment featuring digital surrogates of public domain works of art produced by cultural heritage institutions of international repute. The project includes a gallery exhibition, an open source version of that exhibition intended for public use, and two online publications: the Exhibition Catalogue, and a companion Metadata Book.

The parallel solution of early-exercise Asian options with stochastic volatility

This paper describes an parallel semi-Lagrangian finite difference approach to the pricing of early exercise Asian Options on assets with a stochastic volatility. A multigrid procedure is described for the fast iterative solution of the discrete linear complementarity problems that result. The accuracy and performance of this approach is improved considerably by a strike-price related analytic transformation of asset prices. Asian options are contingent claims with payoffs that depend on the average price of an asset over some time interval. The payoff may depend on this average and a fixed strike price (Fixed Strike Asians) or it may depend on the average and the asset price (Floating Strike Asians). The option may also permit early exercise (American contract) or confine the holder to a fixed exercise date (European contract). The Fixed Strike Asian with early exercise is considered here where continuous arithmetic averaging has been used. Pricing such an option where the asset price has a stochastic volatility leads to the requirement to solve a tri-variate partial differential inequation in the three state variables of asset price, average price and volatility (or equivalently, variance). The similarity transformations [6] used with Floating Strike Asian options to reduce the dimensionality of the problem are not applicable to Fixed Strikes and so the numerical solution of a tri-variate problem is necessary. The computational challenge is to provide accurate solutions sufficiently quickly to support realtime trading activities at a reasonable cost in terms of hardware requirements.

Les petites pêches côtières et estuariennes Françaises du sud du golfe de Gascogne. Typologie des flottilles et approche socio-économique et commerciale

The European contract PECOSUDE (Small inshore fisheries of the south of Europe) accepted in 2000 for 2 years concerns French, Spanish and Portuguese partners. The aim is to assess the inshore and estuarine fisheries from Loire estuary to Portugal. Three levels of study are considered : fisheries (data 1999), socioeconomy and marketing (data 1999 or 2000). Exploitation in the 12 miles area for France and on continental shelf for northern Spain and Portugal (within 1000 m depth), as well as the fishing period lower than 96 hours was determined as the definition of this fishery for the study. Socioeconomic analyses are made only on boats smaller than 15 m. The fisheries part analyses the activity of the fishing vessels taking into account gears used, landed species, areas and fishing seasons. Within the 39 harbours of the south Bay of Biscay 1 799 coastal or estuarine vessels with 3 580 fishermen are located. Statics gears are predominant, and more than half of the vessels are polyvalent (using several gears). In 1999, landings were 20 6441 weight for 84 M¿ value. The fishing activity of these boats was also analysed by typology of the fleet, based on fishing gears and/or species landed. These characterisations allowed the application of stratified sampling for the implementation of socioeconomic investigations. The analysis of the information received from the fishermen allow to describe the production factors, to estimate their costs, as well as the turnover, the richness creation and the efficiency of the production means. The capital value of the south Bay of Biscay " ship " is established about 94 k¿, the average turnover amount to 83 k¿ and the average rate of added value to 70%. Products commercialisation vary from component to component, the importance of the sells in auction places depends on the landed species. Some valuable species are directly sold to particular

Algunas herramientas del Derecho Civil en favor de la vivienda

El Código civil y la legislación especial intentan satisfacer la necesidad de vivienda. Además de la adquisición de la propiedad, existen figuras como el derecho de habitación (Derechos reales) o el arrendamiento urbano y sus modalidades de cesión y subarriendo, el préstamo gratuito (Derecho de contratos) o la atribución del uso de la vivienda familiar a uno de los progenitores y a los hijos (Derecho de Familia). Se examinan sus requisitos y efectos para aprovechar posibilidades y detectar abusos.

Derecho comunitario europeo sobre la publicidad y su transposición al derecho español

La publicidad comercial es la principal herramienta de marketing debienes y servicios con que cuentan los empresarios en el mercado,por el fácil acceso al destinatario y su capacidad para influenciarsu decisión de compra. Las normas sobre publicidad colindandirectamente con las disposiciones sobre competencia desleal.Por tal razón, la Unión Europea, consciente de su importanciapara el desarrollo del mercado interior, ha estructurado unconjunto de normas que regulan la publicidad comercial, y quebuscan erradicar los anuncios que conlleven actos desleales quealteren irregularmente el mercado, afectando indistintamente acompetidores y consumidores. España debía transponer al derechonacional las disposiciones normativas comunitarias, exigencia que,para ser cumplida, implicó modificaciones sustanciales y complejasal régimen publicitario preexistente.