Are “Pay Now, Terms Later” Contracts Worse for Buyers? Evidence from Software License Agreements

2009 ◽  
Vol 38 (2) ◽  
pp. 309-343 ◽  
Author(s):  
Florencia Marotta‐Wurgler
Keyword(s):  
License Agreements ◽  
Software License

Part 2 Specific Issues of Arbitration in Brazil, 16 Commercial Contracts

2020 ◽  
Author(s):  
Fichtner José Antonio ◽  
Monteiro André Luís ◽  
Levy Marcela
Keyword(s):  
Good Faith ◽  
Choice Of Law ◽  
Insurance Contracts ◽  
Judicial Intervention ◽  
License Agreements ◽  
Liquidated Damages ◽  
Software License ◽  
Formal Requirements ◽  
The Impact ◽  
International Sales

This chapter highlights arbitration involving commercial contracts in Brazil. Commercial contracts are contracts signed between two entrepreneurs who are running commercial enterprises. Classic examples of commercial contracts are construction contracts, insurance contracts, shipping contracts, loan agreements between companies and banks, franchise agreements, software license agreements, and contracts for international sales of goods. Brazilian courts understand that, in general, there is no room for judicial intervention in commercial contracts, which gives the parties broad autonomy to negotiate their contractual provisions. The chapter then issues related to arbitration clauses included in commercial contracts: formal requirements, choice of law, and arbitrability. It also considers specific substantial aspects of commercial contracts: the impact of good faith on the performance of the contracts; the validity of limitation of liability clauses; the validity of liquidated damages clauses; and remedies for breach of contracts.

scholarly journals De la ficha terminológica a la ficha traductológica

Babel ◽  
2015 ◽  
Vol 61 (1) ◽  
pp. 110-130 ◽  
Author(s):  
Fernando Prieto Ramos ◽  
Mariana Orozco Jutorán
Keyword(s):  
Translation Studies ◽  
The United States ◽  
Complex Variables ◽  
Added Value ◽  
Legal Analysis ◽  
Spanish Translation ◽  
New Approach ◽  
Legal Translation ◽  
License Agreements ◽  
Software License

The complex variables involved in mediating between asymmetrical legal realities explain, to a great extent, the limitations of traditional terminological resources (particularly, bilingual legal dictionaries) as working tools for legal translators. After a brief review of these limitations, a new approach to the development of terminological resources is presented that responds to the real needs of legal translators and draws on advances in Legal Translation Studies. This change of paradigm is illustrated by a terminological database designed for the English-Spanish translation of technological law, more precisely, for the localization of software license agreements (mostly from the United States) for Spain. The lexicographical work is contextualized, and the features and advantages of the proposed terminological entries are described in detail. These entries are called “translation-oriented terminological entries” (fichas traductológicas) because of their distinctive translation dimension, particularly the inclusion of comments on the acceptability of terminological options on the basis of comparative legal analysis in different translation scenarios. This aspect greatly contributes to the added value of the approach, which is intended as a model for similar applications in legal translation.

Sign in / Sign up

Export Citation Format

Share Document