Memorandum of Understanding governed by the law of Brazil
DealDocs sets the laws of the Federative Republic of Brazil as the governing law when you choose Brazil. The forum clause reads: “The Parties elect the courts of the City of Sao Paulo, State of Sao Paulo, as the exclusive forum to resolve any dispute arising out of this document, waiving any other forum, however privileged it may be.”
Governing law
the laws of the Federative Republic of Brazil
Legal system
Civil law, a civil law system, where rules are drawn primarily from codified statutes rather than from a body of judicial precedent.
Conventional arbitration seat
Sao Paulo, Brazil
Naming a party formed here
DealDocs' guided interview references the Federative Republic of Brazil when you enter a party formed in Brazil.
What's different about an MOU in Brazil
The same mandatory boa-fe objetiva duty reaches the negotiations an MOU records, meaning a party who negotiates in bad faith can face liability even where the MOU is labeled non-binding. Brazilian practice conventionally has agreements signed before two witnesses so the document itself can also serve as an extrajudicial enforcement title.
Build your MOU for Brazil now
The guided interview asks for the governing law up front, so the right jurisdiction-specific clauses are included automatically. Preview the full plain English guide and completeness check for free before you unlock the document.
Frequently asked questions
Can bad-faith negotiation create liability under a non-binding Brazilian MOU?
Yes. Civil Code article 422's mandatory good faith duty reaches negotiations regardless of the MOU's label.
Why do Brazilian agreements get signed before two witnesses?
So the document itself can also serve as an extrajudicial enforcement title under Brazilian practice.
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