Foundations of Public Contracts: A Comparative View

Comparative Law

Foundations of Public Contracts: A Comparative View

By José Giacomuzzi, Guilherme
Edward Elgar Publishing May 2022

Specifications

ISBN-13
9781800880917
Publisher
Edward Elgar Publishing
Publication
May 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of 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
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