Chapter ID: CBB102764648

Laws – Customs – Conventions: French Merchants and French Legal Doctrines in the Brazilian Law Courts in the Second Half of the Nineteenth Century (2019)

unapi

Hanna Sonkajärvi (Author)


Brill
Pages: 289-309
Publication date: 2019
Language: English


The second half of the nineteenth century coincided, in Brazil, with the introduction of the first Código Comercial (1850) which was inspired by French legal doctrine and a substantial immigration of French merchants, many of them of Jewish origin. A number of these immigrants actively relied on their relatives in France to conduct their businesses in Brazil. Also, numerous foreign firms operated in imperial Brazil through local business partners or agents tasked with carrying out business on behalf of their paymasters. In this context, legal conflicts would arise that needed to be settled in the Brazilian law courts, which were starting to apply the new Commercial Code. The paper offers a micro-historical analysis of the initial phases of bankruptcy litigation (conciliation and arbitration) and, within these proceedings, the expertise of arbiters in the verification of merchants’ account books. It will focus on commercial litigation between French and local commercial actors and on the reception of French legal doctrines by various legal actors (judges, lawyers and litigants) in 1850s and 1860s Brazil. Even though social practises linked to the merchants’ belonging to a French (and Jewish) communities, legal instruments such as French notarial records, and French legal doctrines, are visible in the sources provided by court records, the weight of this French influence upon legal practice should not be overestimated. Instead, what seems to have mattered more than ethnic or religious belonging, or the use of a certain set of legal instruments, was the embeddedness of the respective merchants, their creditors and the merchant-arbitrators in a given local setting of social- and business networks.

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Book Stefania Gialdroni; Dauchy, Serge,; Cordes, Albrecht (2020) Migrating words, migrating merchants, migrating law: trading routes and the development of commercial law. unapi

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Authors & Contributors
Karl Gratzer
Cordes, Albrecht
Harris, Ron
Lamoreaux, Naomi R.
Roy, Tirthankar
Xiang Lin
Journals
Business History Review
French History
Railroad History
Zeitschrift für Unternehmensgeschichte
Publishers
Brill
Routledge
University of Chicago Press
Indiana University Press
Simon & Schuster
University of Virginia Press
Concepts
Commercial law
Bankruptcy
Business history
Business and commerce
Merchants
Railroads
People
Locke, John
Time Periods
19th century
20th century
16th century
18th century
15th century
20th century, early
Places
Germany
United States
France
Sweden
Great Britain
India
Institutions
General Electric
Borgward-Gruppe
Penn Central Transportation Company
United States. Department of Justice
Reading Railroad
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