Foundations of Public Contracts: A Comparative View

Author:   José G. Giacomuzzi
Publisher:   Edward Elgar Publishing Ltd
ISBN:  

9781800880917


Pages:   288
Publication Date:   06 May 2022
Format:   Hardback
Availability:   In Print   Availability explained
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Foundations of Public Contracts: A Comparative View


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Overview

Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins. The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities. Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.

Full Product Details

Author:   José G. Giacomuzzi
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 15.60cm , Height: 2.20cm , Length: 23.40cm
Weight:   0.574kg
ISBN:  

9781800880917


ISBN 10:   180088091
Pages:   288
Publication Date:   06 May 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Contents: 1. A comparative public law approach: setting the tone 2. Black letter rules and formal sources: an overview of exceptionalism 3. Public contracts’ mentalités and ideologies 4. The public law–private law dichotomy in the context of public contracts 5. Liability for sovereign acts: an overview 6. State responsibility in American public contract law 7. France and la responsabilité sans faute 8. Brazil: fato do Príncipe and teoria da Imprevisão 9. Termination for convenience of the government Conclusion to Foundations of Public Contracts References Index

Reviews

'Comparative law requires knowledge of different national legal orders and to be successfully conducted depends also on historical knowledge. Comparisons should not be snapshots, but narratives. Giacomuzzi's book is a remarkable and paradigmatic achievement in the field, both as a legal comparison and historical approach. Written with elegance and clarity, it deals with three different traditions in a field of great importance for lawyers and policy makers in our times.'</> - Jose Reinaldo de Lima Lopes, Universidade de Sao Paulo, Brazil


Author Information

José Guilherme Giacomuzzi, Professor of Law, Department of Public Law and Jurisprudence, The Federal University of Rio Grande do Sul, Faculty of Law, Brazil

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