Boilerplate Clauses – A Brazilian Perspective*

The Brazilian market is very dynamic, with many sophisticated deals involving worldwide interests and cross-border activities. In many dual or multi-jurisdiction transactions, clients engage legal counsel from several different jurisdictions to assist them throughout the transaction.

This has diminished the differences between the transactions made in Brazil and elsewhere. English is commonly the language that predominates in the negotiations and also in which the contracts are written. Although Brazil is a civil law system country, the international contracts commonly accepted in the US and Europe are easily adapted to our jurisdiction.

The most important aspect to be considered by a foreigner is that the rights and obligations of the parties are not limited to the terms of the contract itself but are also influenced by Brazilian law.