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Brazil Australia Legal Structure - Assignment

   

Added on  2021-06-17

8 Pages1473 Words33 Views
Business Law

TopicBrazilAustraliaLegal StructureCivic-Law Country(predominance of codifiedstatues)Brazil has a written andform single documentconstitution. The supremelaw of the country is theFederal Constitution. Thejustice system of Brazil hasa big number of courts in theform of hierarchy calledinstances. Judges aredescribed as investigatorsperform the activities ofestablishing facts throughwitnessing and applyingremedies in legal codes.Each state in Brazil has itsown constitution. Thepresident is the head of state.The president has executivepowers. Bills of law aresanctioned by the president.Tax structure of the countryis in favour of tradeliberalisation and constantupdates of legislation forfood production in Brazilwill contribute to highgrowth of the industry inwhich Woolworth operates. Common-Law Country(case law is in the form ofjudicial opinions)Australia has a Federalsystem with 9 jurisdictions.Australia is a constitutionalmonarchy. The head of thegovernment is the Queen ofAustralia. She points herrepresentative on the adviceof CommonwealthGovernment as GovernorGeneral. Federal laws areenacted by the AustralianParliament. The parliamentis consisting of two houses,house of Senate and therepresentatives. It has sixstates and three selfgoverning territories as itsfederation. The each stateand territory has its ownconstitution and laws. Thequeen of Australia has theexecutive powers. The highcourt is at the top of theAustralian Judicial System.It is the final court to appealfor jurisdiction.[CITATIONCON12 \l 1033 ]

Contract lawThe Contract Law in Brazilis based on Brazilian CivicCode. It takes consumers’code in consideration andprotects the interest ofproducts’ end user.For every contract specificrequirements and regulationsare written. Thesespecifications involve leaseagreements, patents andcopyrights etc. The partiesshould be legal and moral toenter into a contract. Theagreement once signed, theparties have to meet itsobligations. It is impartialamong the parties. Itprohibits favour of anyparty; any one party cannottake all the advantage of thecontract. The impartialnature of contract law isbeneficial for theWoolworths to start businessin the country [CITATIONoli12 \l 1033 ].TheWoolworths can be assuredof justice in case localvendors/companies withwhom it signs agreement orcontract fails to meetobligations.The contract law inAustralia is based onEnglish Common Law; itprovides the freedom ofcontract. The parties are tofree to strike at any bargainaccording to their choice. The Australian Contract lawdoes not require any specialforms or procedures. Thelaw is applicable to onlinecontracts and is regulated byFederal. The AustralianBusiness Number ofregistered corporation isrequired in publicdocuments. Unlike theContract law of Brazil,parties are not bound by thecontract in Australian Lawof Contract. PersonalProperty Securities Act willapply on security interest ofpersonal property. Theconsumer protection lawinvolves product safetyprovisions, prohibitionsagainst misleading,prohibition on manufactureof defective goods andliability prohibition onimporters of damagedgoods. The Contract law ofAustralia is not codified.

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