Commercial Contract Law in the BRICS: A Comparative Overview

The chapter provides essential background information on the official legal framework related to commercial contracts in Brazil, Russia, India, China and South Africa. Rather than focusing on the principles and rules applying to international commercial contracts (which are analysed in Part II of the volume), the chapter delves into the institutional infrastructure of BRICS countries. It therefore explores the legal traditions these countries are consonant with and the international models which inspired them, the organization of the judicial system and the main sources of law, the fundamental traits of their contract law and conflict-of-laws rules, as well as their attitudes towards arbitration.