Limiting Liability Under Brazil's Civil Code

Knowing the rules of the game is essential when dealing with contractual liability in Brazil, where the legal system is based on the Napoleonic Code. Godofredo Mendes Vianna, partner in Rio de Janeiro law firm Kincaid, and senior associate Paula Roberta Campos, unravel the intricacies 

Brazil operates under civil law – its civil and commercial codes inspired by the French Napoleonic Code – which means the Brazilian legal regime differs in substance from the Anglo Saxon case law system. It is something that should be borne in mind when doing business in Brazil.

Most of the contracts adopted by the tug and OSV industries have been developed within the Anglo Saxon framework. For example, the well-known BIMCO standard forms, such as Supplytime and Towcon, refer to English or US law and jurisdiction, with Singapore included recently as a third option.