Humberto Massa wrote: > @ 27/04/2004 10:05 : wrote Arnoud Engelfriet : > >I have no idea whether a US court would like to apply this > >clause, but if the author goes to court, he is likely to get > >the court to use Dutch law, using this clause. > > > > > I don't believe this for a moment. Not in the US, and most certainly not > in Brasil.
I don't know Brazilian law. However, a choice of law is quite common in contracts. If a US court were to find that the parties did make a contract, it seems likely to me they would honor the parties' choice of law and venue. I do know Dutch law, and under Dutch law a choice of law is certainly respected in contracts, unless it's clearly totally inappropriate. And there has been quite some European caselaw that acknowledges the possibility. > Here, the only law that can be used in court is Brazilian > law. Interesting. So Brazil doesn't have any provision for people to agree on certain choice of law? It seems rather unusual. Arnoud -- Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
